Your Employment Law and Litigation Professionals

Supporting Your Workplace Rights

Employment Law Hot Topics -Presentation To DuPage County Bar Association

March 21, 2019-David Fish is presenting at the DuPage County Bar Association’s Labor and Employment Law’s noon meeting.   The topic is:  “Employment Law Hot Topics From A Plaintiffs’ Lawyer”

Here is the agenda and items that will be discussed:


  1. 2019 Amendments To Illinois Minimum Wage Law


  • Effective January 1, 2020, the minimum wage will increase to $9.25 per hour and gradually increases thereafter until $15.00 per hour on January 1, 2025.
  • Now allows triple the amount of the underpayment plus 5% of the amount of the underpayment for each month that the underpayment remains unpaid. (Previously only allowed the underpayment plus 2% interest)
  • Consider also seeking damages under federal law.


  1. Arbitration Agreements


  • Supreme Court’s Epic Systems decision allows them.
  • While these are thought of as employer-favorable, they pose significant risk to employers.


  1. Biometric Information Privacy Act


  • Illinois Supreme Court’s decision in Six Flags does not require any harm; our Second District was (fortunately) overruled.


  1. Restaurants


  • Loss of tip credit
  • Servers paid wrong (i.e., tip sharing with management)
  • Not properly computing the minimum wage.


  1. Deductions From Pay Without Written Consent


  • Illinois Wage Payment and Collection Act mandates written consent at the time the deduction is made.
  • Mistakes, dine-N-dash, breaking dishes, etc.



  1. Minimum Wage Violations Due To Costs Of Jobs


  • “Free and Clear”
  • Delivery drivers


  1. Overtime Violations


  • Misclassification
  • Rounding
  • Non-Discretionary pay


  1. Expenses


  • Wage Payment and Collection Act requires reimbursement of expenses.


  1. Illinois Human Rights Act Amendments


  • Allows 300 days to file
  • Aims at reducing the backlog of cases for review from IDHR and the IHRC


  1. Non-Compete/Non-Solicitation Agreements


  • Pre-employment “consideration” issues
  • Only to protect legitimate business interests
  • Be careful of being overly broad or it may be found unenforceable – trends away from restrictions
  • 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 engagement letter to be your lawyer. Please do not send any confidential information to us until an attorney-client relationship has been established through a written contract."