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Latest from The Fish Law Firm Blog

April 23, 2020:   We filed a putative class action lawsuit for the Buttermilk restaurants located in Naperville, Geneva, and Vernon Hills, Illinois and the Hollywood Boulevard Cinema located in Woodridge, Illinois.  The lawsuit, which was filed in federal court in Chicago,  alleges that our clients had their business interrupted by the COVID-19 Pandemic and seeks to recover under business interruption insurance policies. To read more about the class action lawsuits, you can click on the links below: Shaw Media/Kane County Chronicle Chicago Tribune Daily Herald Courts in Illinois have not yet decided whether COVID-19 claims are covered by standard business…
April 21, 2020:  A settlement valued at $2,125,000 has been research with Rosebud Restaurant Group.    Following briefing on Defendant’s motion to dismiss which challenged the constitutionality of the Biometric Information Privacy Act (BIPA), and submitting mediation statements, the Parties participated in significant arms-length settlement negotiations and reached a Settlement of the putative class action lawsuit filed in Chicago, Illinois. The settlement administrator will notify class members through mail to notify them of their rights. Judge Moreland’s Preliminary Approval Order is available to download here. The post $2,125,000 Class Action Settlement Reached With Rosebud Restaurant Group (Cook County, Illinois) appeared…
May 5, 2020:  David Fish presented to a group of approximately 55 NELA Illinois lawyers (those employment lawyers who represent workers) on The Top COVID-19 Workplace Claims from an Employees’ Lawyer  Working in the Trenches. The post The Top COVID-19 Workplace Claims from an Employees’ Lawyer Working in the Trenches appeared first on Fish Law -Illinois Employment Attorneys.…
May 12, 2020:   David Fish is presenting to the Illinois State Bar’s Human Rights Section and Labor and Employment Law Sections about employment claims arising out of a COVID-19 Pandemic and will be discussing available remedies. For a flyer and information to register, click here. The post Employment Claims Arising Out of A COVID-19 Pandemic and Remedy Buffet for Civil Rights Cases appeared first on Fish Law -Illinois Employment Attorneys.…
May 1, 2020 (Cook County, Illinois):    Our client, a former director-level employee of a transportation company, filed a claim for a 1-year severance payout.   The defendant employer took the position that severance was only due if the employee was terminated by the company.  As our client had resigned, the company refused to pay the severance.  As such, we filed a lawsuit in the Cook County, Illinois to recover one year of severance pay plus other benefits.  We sued for breach of contract and filed a claim under the Illinois Wage Payment and Collection Act which allows the recovery of…
April 30, 2020:     Judge Kennelly of the US District Court in Chicago, Illinois granted final approval of our overtime class action lawsuit against DTLR–a national retail shoe store chain. Class members will receive 100% of overtime owed before allowed expenses.   Furthermore, overtime class members will receive a proportionate share based on the number of pay periods they worked from the beginning of the statutory period until the end of the practice, approximately June of 2017. This amounts to approximately $40.00 per pay period worked.  Both the Regular Rate and Deduction Class Member awards were determined by using Defendants’ payroll…
April 30, 2020:   Attorneys Thalia Pacheco, Seth Matus, and Kim Hilton presented to the DuPage County Bar Association about COVID-19 Issues In The Workplace   Congratulations to Attorney Rebecca Obarski for winning the Kahoot game; a $1,000 donation will be made in her honor to Loaves and Fishes food pantry to help end hunger in DuPage County. Presentation materials are available here: COVID-19 Related Leave Rights, Unemployment, and Employer Issues Powerpoint The post DuPage County Bar Presentation on Covid-19 Issues appeared first on Fish Law -Illinois Employment Attorneys.…
April 23, 2020:  We are pursuing a putative class action lawsuit against an out-of-state insurance company on behalf of the Hollywood Boulevard Cinema in Woodridge, Illinois and also for the Buttermilk restaurants in Naperville, Geneva, and Vernon Hills, Illinois.    To read news coverage about the lawsuit, click here.    The post Firm Pursues Federal Lawsuit Against Insurance Company On Behalf Of Local Businesses Suffering From Illinois COVID-19 Shutdown Order appeared first on Fish Law -Illinois Employment Attorneys.…
The Fish Law Firm filed a Charge of Discrimination with the Chicago office of the National Labor Relations Board.  The Charge was filed by a nurse who worked at Mercy Hospital in Chicago who alleges wrongful termination in a dispute involving a face mask & her concern over COVID-19 exposure.  She alleges that she was instructed to remove a protective mask that she purchased on-line at Amazon for her own protection in working on the front line with persons potentially exposed to COVID-19.  She alleges she complained to management about the need for protective masks and she was fired shortly…
WORK IN A TIME OF CORONAVIRUS The Legal Issues Facing Employers During A Global Pandemic By Seth Matus, Of Counsel Like most people, I have spent the past few weeks in a state of bemused dread, watching schools and universities close, civic and sporting events get cancelled or postponed around the world and now, millions of people being ordered to stay at home as much as possible, including all residents of Illinois. To survive this unprecedented uncertainty, employers are being forced to make difficult business decisions.  Even in this emergency situation however, managers need to consider numerous employment laws as…
March 23, 2020:    False Claims Act Settlement:    We filed a qui tam/False Claims Act case on behalf of two former employees of a medical practice.  We alleged in our lawsuit that an orthopedic medical practice was paying kickbacks to another physician in exchange for referrals.  We alleged that this conduct violated the False Claims Act, 31 U.S.C. § 3729, et seq.; the Illinois False Claims Act, 740 ILCS 175/1 et seq.; the Stark Law, 42 U.S.C. § 1395, et seq. and the Anti-Kickback Statute, 42 U.S.C. § 1320 a -7(b). After the United State and the State of Illinois declined…
  Explanation of workplace rights under the law, including the new Families First Coronavirus Response Act Q.I am worried about catching Caronavirus/COVID19; do I have to go to work? A. Just being worried is not enough to get you out of work. Assuming you work at a place that is allowed to stay open as an essential service, your employer can generally require you to go to work. While just being worried is not enough, if you work for an employer with less than 500 employees, there are some exceptions that allow you to take time off and also be…
March 19, 2020:  Click here to watch CBS’s Dana Kozlov interview David Fish regarding Caronavirus/COVID-19 issues in the workplace. [embedded content] Free Case Review * (See Disclaimer Below) Click here to fill out our Wage and/or Overtime Potential Client Intake Form Click here to fill out our general Employee Potential Client Intake Form “The information contained on this site, submitting a case to us, and/or discussing your case with us does NOT create an attorney-client relationship. Only an executed engagement letter will create an attorney-client relationship. In other words, we are not your lawyer until we agree through a written…
As a result of the forced closure of restaurants and bars, thousands of Illinois employees are out of work. A local law firm is setting up an emergency free legal clinic to help advise Illinois workers about their rights.  Volunteer attorneys from The Fish Law Firm PC—Employment Lawyers are available for a free telephone or video conference (sorry no in person meetings in light of allowing our lawyers to work from home) for Illinois workers. Many people have been negatively impacted by the State of Illinois’ policies related to the containment of the COVID-19 virus.  This includes, but is not…
March 9, 2020 Class Members in the Dabecca Natural Foods Case Can Learn About the Class Action Settlement Here: On March 9, 2020, the Cook County Court preliminary approved a $999,975 class action settlement that was brought under the Biometric Information Privacy Act (BIPA). Members of the Cook County Class Action can review the settlement agreement here by clicking below: Agreement of Settlement Members of the Cook County Class Action can review the preliminary approval order here: Preliminary Approval Order   The post Dabecca Natural Foods Class Action BIPA Settlement–$999,975 appeared first on Fish Law -Illinois Employment Attorneys.…