The threshold for white-collar employees to be classifiable as “exempt” will rise about 50% to $684 per week (about $35,568 per year) on January 1, 2020. Employers will need to make adjustments to ensure they’re compliant with this updated rule, under the Fair Labor Standards Act, announced on September 24 by the U.S. Department of Labor.  By “exempt” I am referring to employees who do not qualify for overtime pay.

The rule change—which boosts the threshold from $455 per week and $23,600 per year, as previously set in 2004—will affect about 1.3 million workers, the DOL says, who could be reclassified as “non-exempt,” and thus eligible for overtime pay. Under the new rule, employers will be able to fill up to 10% of the $684 per week with non-discretionary bonuses, incentives and commissio

Help with Business Law Issues

Chicago Business Lawyers Answer Your Questions

The new Illinois laws legalizing cannabis has a benefit to old stoners – expungement of criminal records.

Among the several provisions of the Illinois Cannabis Regulation and Tax Act which takes effect on January 1 are provisions that include some dramatic criminal justice reforms.  The most important of these provisions are the expungement provisions for certain past cannabis-related criminal convictions.

Chicago Business Lawyer

Illinois laws now permit expungement of prior cannabis related crimes.

ADA Compliant Websites

Is Your Website ADA Compliant?

I have previously reminded business owners that their websites must be ADA compliant in a post titled: “Is Your Website ADA Compliant”.  And a recent (non) decision by the U.S. Supreme Court affirms that position.

As a followup to this post, the U.S. Supreme Court recently declined a petition for certiorari in Domino’s Pizza v. Guillermo Robles, letting stand the Ninth Circuit’s decision holding that Title III of the Americans with Disabilities Act (ADA) applied to websites and mobile applications for businesses with physical locations.    In the Domino’s Pizza case a blind customer asserted he could not order a custom pizza from Domino’s website or mobile application, even while using screen reading software.   The 9th Circuit Court of Appeals ruled that the ADA applied to Domino’s website and mobile application because the ADA mandates that places of public accommodation provide auxiliary aids and services to disabled individuals.   The Appeals court stated that “Domino’s website and app facilitate access to the goods and services of a place of public accommodation – Domino’s physical restaurants.”

New Employment Issues

Employment Discrimination issues explained by George Bellas Chicago Business Lawyer

The Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all other places that are open to the general public.[1]   When it comes to employment, the ADA provides that employers covered by the statute may not discriminate against “qualified individuals” with a disability with respect to employment matters.[2]  The ADA defines such individuals as applicants or employees who, with or without reasonable accommodation, can perform the essential functions of the job.[3]    Thus, the most contested issue becomes the question of whether or not the employee has a disability, as that term is defined by the Act.

One type of claimed disability that is increasingly the subject of litigation is obesity.  Although courts initially were reluctant to recognize obesity as a qualifying disability for purposes of the ADA protections, courts are increasingly willing to consider obesity as a disability giving plaintiffs status to raise ADA claims.

Employers who collect biometric information such as fingerprints, face scans, or retina or iris scans from employees—or even customers—need to ask permission and explain why the data is being collected, or they could well face legal liability.

Biometric-Illinois-Law-300x185The Illinois Biometric Information Privacy Act (BIPA), which regulates how employers must handle biometric data, received a relatively liberal interpretation from the Illinois Supreme Court, which means that state-level lawsuits have wider latitude than federal ones—but even suits dismissed at the federal level can sometimes be refiled in state court.   The law remains in flux when it comes to what, exactly, constitutes biometric data.  Photographs are not considered biometric identifiers, for example, but a software application that collects facial scans could be—and even federal courts have allowed for relatively broad interpretations on this front, mindful of the galloping pace of technological advances.

The Illinois Supreme Court in January defined an aggrieved person as anyone whose information is collected without their consent or knowledge, even if they were not harmed in the process, in the case Rosenbach v. Six Flags Entertainment Corp. (2019 IL 123186), issued on January 25 of this year and previously detailed on this blog.   This means employers are liable for $1,000 in damages for each negligent violations and $5,000 for each intentional violations.  For example, if an employer fingerprints employees each day as they check in and out of the office, and does not notify employees of the collection and storage of these fingerprints, the business could be fined $2,000 per day per employee.  Perhaps not surprisingly, at least 90 class action lawsuits alleging violations of BIPA have been filed since January in Illinois state courts.

Legal Marijuana Shouldn’t Mean Dazed and Confused Workers!

Starting on January 1 consumers will be able to buy marijuana for recreational use from licensed sellers.   Pot users will no longer need to worry about fines or jail time – but employees will need to pay attention to their employers’ policies about drug screenings and the use of cannabis at work.

Employers should consider how they want to handle the legalization of cannabis in terms of workplace policies, written guidelines and staff training on the many issues that employers will be facing.  Employers should take the time to review Section 10-50 of the “Illinois Cannabis Control Act” to see what protections they do and do not have.  Among these are:

You might not realize it’s happening, and you definitely might not realize you have the right to object. But when you enter an airport in 2019, it’s possible that your airline—or the federal government—are scanning images of your face for their security-related purposes.

George Bellas Chicago Business Lawyer

Say No to Airport Facial Recognition

This facial-recognition technology can be used during check-in, baggage drop, security and boarding. For the most part so far, it’s mostly only been deployed for international flights, to confirm passenger identity at the behest of Customs and Border Protection. But airlines and the Transportation Security Administration are considering doing so for domestic flights, as well.

Purchasing and flying a drone might seem like either a fun diversion or a new way of doing business.  Professionals who do photography and videography, agriculture, weather forecasting, and increasingly construction are putting drones to commercial use, while they’re being piloted for package delivery through companies like Amazon and UPS.

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Legal issues regarding flying of drones.

Whatever use you have in mind for a drone, make sure you fully investigate federal, state and local laws on the subject, starting with those handed down a few years ago by the Federal Aviation Administration. For starters, drones being used for commercial purposes that weigh less than 55 pounds must have an Airworthiness Certificate, and the operator must have a Remote Pilot Airman Certificate.

Does your business have insurance to protect you against breaches of your cybersecurity? Turns out that’s not a simple “yes” or “no” question, and the answer changes constantly based on new cases being litigated and new types of breaches impacting companies.

Businesses need to take into account a wide range of factors in determining whether they have enough breadth and depth of insurance coverage to guard against any cyber liabilities. And it might be helpful to consult with an insurance broker who handles these types of policies.

First of all, you need to make sure you’re covered for your own damages resulting from such an incident. These can include the costs of forensic analysis to determine what happened, legal assistance, notification of individuals and regulators about a data breach, and any fines, penalties or other costs stemming from an enforcement action. Also, you need to be insured for any degree of business interruption.