Category: Employment Law
Jimmy John’s Not Liable for Franchisee’s Alleged Wage Violations
Jimmy John’s was able to escape a federal wage violation lawsuit last month freaky fast, in a suit that was a win for franchisors. The lawsuit alleged that Jimmy Johns was a joint employer of assistant mangers at Jimmy John’s franchises nationwide. The assistant managers also claimed they should not have been classified as overtime-exempt
Employees’ Privileged Communications Using Company’s Email Account Protected?
Are e-mails protected by attorney-client privilege when an employee communicates with their personal lawyer via their work-provided email address? Until recently, the answer seemed to be no, they are not protected by privilege. Attached to this rule however was the caveat that the company had to circulate a personnel policy explicitly warning that such communications
Employers Hold the Power after Recent Supreme Court Decision
The U.S. Supreme Court’s recent 5-4 ruling in favor of an employer for its employment agreement that prevented class-action lawsuits but required individual arbitration instead, offers all employers shelter from future employee class-actions. This means that when a prospective employee signs their employment contract, they may be unable to bring an action in court and
Extended Employee Medical Leave May Be Unreasonable Under ADA
What are an employer’s obligations when an employee requests medical leave but does not have any additional leave available? Traditionally, attorneys have cautioned clients that they may still have an obligation to provide extended leave as an “accommodation” under the Americans with Disabilities Act (ADA). Under the ADA, employers are required to provide “reasonable accommodations”
Update on the Illinois Biometric Information Privacy Act
Recently, an employee filed a complaint in Cook County alleging his employers, Elite Staffing Inc. and Visual Pak Co., collected and stored his fingerprints without his permission. If true, this would be a direct violation of the Illinois Biometric Information Privacy Act (BIPA). As noted in previous newsletters, we have been expecting an increase in
Illinois Nursing Home Hit with BIPA Claims
Here’s an example that the Illinois Biometric Information Privacy Act (“BIPA”) is not an idle threat. An Illinois nursing home was recently hit with a putative class action by employees who claim that daily biometric fingerprint scans violate their privacy rights under the law. The company on the defensive is Oak Park Rehabilitation & Nursing
2018 California Employment Law Updates
Now that were in 2018, there were plenty of important updates in California Employment Law. Some of the key areas that Rock Fusco & Connelly would like to highlight are a ban on applicant’s compensation history, new training requirements for prevention of sexual harassment, protections for immigrant workers, and an update with regard to minimum
Employee’s Threats Trigger Employer Liability
In Illinois, as a general rule, one person has no duty to prevent the criminal acts of another. There are exceptions however, such as an employer’s duty to act reasonably when hiring, supervising, and retaining its employees. An employer can be liable if it knew, or should have known, an employee was unfit for the
Ban on Salary History Inquiries
Illinois employers may soon be prohibited from inquiring about the salary history of prospective job candidates during interviews. Two significant changes in the law drive this notion. First, the Illinois House of Representatives has overridden the Governor’s veto of legislation that would prohibit inquiries into job candidates’ salary histories, among other things. The bill is
Oral Agreements Regarding Bonuses Upheld
Let’s take a hypothetical scenario. You were promoted last year and have spent countless long days at the office since then orchestrating a multibillion dollar sale. You expect a handsome bonus as the head of this sale, consistent with what you understood your predecessors to have received. Finally, after just over a year of hard