Archives: Illinois

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Illinois Judge Holds that Individual Liability Under FLSA Requires Both Ownership and Operational Control

The definition of an “employer” under the FLSA is, like a number of FLSA provisions, not well defined, as set forth in a long and thoughtful opinion from Judge Manish S. Shah of the Northern District of Illinois. Schneider v. Cornerstone Pints, Inc., 2015 U.S. Dist. LEXIS 166993 (N.D. Ill. Dec. 1, 2015). However, it … Continue Reading

Illinois Federal Judge: Employer Free to Modify Terms of Vacation Policy Under Illinois Wage Law

In most states, private non-unionized employers are free to provide vacation and other benefits as they see fit (subject to evolving state and municipal requirements such as New York City’s Earned Sick Time Act), but must ensure any policy language complies with applicable state law and that any policy changes due not result in forfeiture … Continue Reading

Illinois Enacts Pay Card Legislation

Joining the ranks of states which have enacted a specific statute to address the payment of wages via payroll debit card, Illinois Governor Pat Quinn last Wednesday signed legislation regulating payroll debit card practices in the state.  The new law is generally consistent with the Illinois Department of Labor’s recent historical enforcement practice, in that … Continue Reading

Illinois Court Rejects Attorney’s Claim For Alleged Unpaid Bonus

Similar to the wage-and-hour enforcement scheme of many other states including New York, in Illinois, the payment of incentive compensation is largely a matter of contract.  Entitlement to incentive compensation, in particular bonuses paid pursuant to a company policy taking into account many criteria, under the governing statute attaches when the terms of the contract … Continue Reading

Illinois Supreme Court Upholds Construction Industry Misclassification Statute

Illinois’ highest court upheld that state’s six year old statute imposing strict penalties for employee misclassification in the construction industry, the Illinois Employee Classification Act.  Bartlow v. Costigan, 2014 IL 115152 (Ill. 2014). In Bartlow, Rhonda and Jack Bartlow were partners in a roofing company who contested a finding under the Act made by the … Continue Reading
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