The Fish Law Firm, P.C.

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Many employers utilize incentive pay wherein an employee is paid an extra amount of money on top of his or her normal hourly rate.  Sometimes this comes in the form of incentive pay (i.e., if an employee performs at a certain level, they might get a higher rate of pay), shift differentials (for example, an extra $1 per hour for working the night shift), commissions or bonuses, and safety pay, among many others.  Many employers violate the overtime laws by not including this extra pay factored into the “regular” rate of  pay.
Here’s an example:
If Employee gets $10 per hour.  …
Continue Reading Employees Paid Incentive Pay, Shift Differentials, Regular Bonuses and Commissions Often Have Overtime Pay Violations

Jean is an experienced legal assistant/paralegal with 30 years’ experience in the legal field. She has experience assisting attorneys and clients many different areas of the law.  Jean has BA in Criminal Justice.   She helps support our employment lawyers and litigation attorneys.
In her spare time, Jean is busy with her husband, Paul raising their two sons. She enjoys attending her sons’ sporting events, as well as volunteering at their schools. In addition, she likes bowling, volleyball and loves to travel.
The post Jean Baumann, Employment and Litigation Paralegal appeared first on Fish Law -Illinois Employment Attorneys.
Continue Reading Jean Baumann, Employment and Litigation Paralegal

This page is to provide an update regarding the overtime class action lawsuit against HTS.  The lawsuit alleges that time spent on Drive Time (those hours riding in a vehicle as reflected in HTS’s payroll records) were improperly excluded as overtime hours.   The Plaintiffs have claimed overtime violations of the Illinois Minimum Wage Law and the Fair Labor Standard Act.  Specifically, the Plaintiffs alleged that:  (a)  the “regular rate” for overtime purposes was improperly computed and (b) Drive Time hours were not counted towards overtime.  The Defendants have denied all material allegations in the lawsuit.
The District Court in Chicago, Illinois…
Continue Reading HTS Overtime Class Action Update–Drive Time Lawsuit

Nasi prawnicy są zobowiązani do pomocy klientom rozwiązywać spory w miejscu pracy. Jeśli mówisz po polsku, możesz poprosić o polskojęzycznego pracownika aby pomóc.
Niezapłacone Nadgodziny i Płace: Masz prawo do zapłaty za nadgodziny, jeśli pracujesz więcej niż 40 godzin tygodniowo. Płaca minimalna w stanie Illinois jest obecnie $8.25 za godzinę dla tych osób, które ukończyły 18 lat i starszych. Osoby poniżej 18 roku życia nie mogą miec wyplaty niszej nisz $7.75 za godzinę pracy. City of Chicago ma wyższy minimalny limit płacy. Nawet jeśli jesteś w Stanach Zjednoczonych bez odpowiedniej dokumentacji prawnej, prawo chroni cię i zapewnia że nie jesteś…
Continue Reading Adwokat

September 8, 2014:            A  complaint and a request for a temporary restraining order and preliminary injunction was filed in the United States District Court for the Northern District of Illinois today challenging the Cook County Companion Animal and Consumer Protection Ordinance (“Ordinance”) set to become effective October 1, 2014.   The lawsuit was brought on behalf of three local pet shops (Petland Hoffman Estates, Petland Chicago Ridge, and Happiness is Pets) and the nation’s largest breeder association–The Missouri Pet Breeders Association.  The Ordinance, as it is written, bans pet shops from selling puppies, kittens, and rabbits…
Continue Reading Puppy Ordinance Challenged

The NLRB recently issued a ruling that expands the potential liability of franchisors and others in employment lawsuits. Essentially, the decisions allows for companies (other than the direct employer) to be deemed an employer. For example, subcontractors could potentially be deemed the employees of the company for whom they work—and the company that subcontracts work to their direct employer.
Recently, congressional leaders of the House and Senate labor committees have proposed legislation to limit the definition of an employer to only those that have “direct and immediate” control over employees.
The practical implication of the expanded definition is that franchisors…
Continue Reading NLRB Joint Employer Standard—Impact On Wage, Discrimination, and Wrongful Termination Lawsuits

Illinois Inheritance and Probate Dispute Attorneys
Probate courts in Illinois regularly deal with disputes over inheritances.   These disputes often involve family members (or others) fighting over a will, an estate, a trust, or assets.  There is legislation that protects the interests of the beneficiaries.  The following are just a few:
A trustee is only allowed to charge reasonable fees for his services. Also, any expenses made in administration of the trust must be proper.
Typically, a trustee must give the beneficiaries an account of the income and disbursements of the trust at least once a year (or more regularly…
Continue Reading Inheritance Disputes

One of our labor and employment lawyers wrote this article:
 
The Use Of The Illinois Rules of Professional Conduct to Establish The Standard of Care In Attorney Malpractice Litigation: An Illogical Practice, Southern Illinois Univ. Law
 
 
The post Fish’s Published Article Regarding Legal Ethics As Evidence appeared first on Fish Law -Illinois Employment Attorneys.
Continue Reading Fish’s Published Article Regarding Legal Ethics As Evidence

Yesterday, Chicago, Illinois alderman voted  44-to-5 to raise Chicago’s minimum wage to $13 an hour by 2019.  At that same time, Illinois lawmakers announced they were unable to get the votes necessary to call for minimum wage increase.
The modification of any minimum wage will likely lead to employment litigation for those employers who fail to keep aware of changes to the applicable rates.   Minimum wage lawsuits often arise when employers cause employees to fall below the applicable minimum wage.  This can occur in a number of ways.  For example, if an employer is paying the applicable minimum wage, but makes wage…
Continue Reading Chicago, Illinois Minimum Wage Increase

Wrongful Discharge
The wrongful discharge claims against McDonalds are gaining nationwide attention.  These cases are interesting as they seek to impose liability on a franchisor (as opposed to just the franchisee).
In Illinois, employers may not terminate, demote, refuse to hire, refuse to promote, or base any other terms and conditions of an employee based on the employee’s race, religion, sex, sexual orientation, age, or disability.   Doing so may be violating state and federal discrimination and harassment laws that were established to protect an employee’s right to work in an environment that is free of discrimination and harassment due to their…
Continue Reading Wrongful Discharge Claims In Illinois

Note:  The law has been changed and therefore this posting no longer states the current state of the law.
 
The Seventh Circuit decided Lewis v. Epic Systems on May 26, 2016. This is a significant case that holds that class action and collective action waivers in the arbitration context are unenforceable in employment lawsuits. Many employers require employees to waive their right to bring claims in court and instead they must pursue arbitration. These agreements also typically require that the cases be arbitrated on an individual basis and not as a class action or collective action. Many law firms…
Continue Reading Class and Collective Action Waivers WERE Unenforceable In Employment Agreements