New Illinois Laws Require Employers to Reevaluate Policies and Practices

Wage Hour - social, smallBreaks for Expressing Breastmilk Must Be Paid

Effective August 21, 2018, Illinois amended its Nursing Mothers in the Workplace Act (820 ILCS 260/10). The prior law, which went into effect in 2001, required employers who have more than five employees to provide unpaid break time to an employee who needed to express breast milk for her nursing infant child. The amendment now requires employers to pay for “reasonable” break time spent expressing breast milk, no matter how long it takes or how often it needs to occur. A limit of up to one year after the birth has now replaced a previously undefined period.  Continue reading

Illinois Court Highlights Individual Liability Risk in FLSA Claims

Russell_Jackson_IL
Russell Jackson

Executive Summary: Under the FLSA, personal liability can attach to individual employees in supervisory, management, and executive positions.  To be held liable, the individual defendant must be considered an “employer,” defined as “any person acting directly or indirectly in the interest of an employer in relation to an employee”.  29 C.F.R. § 570.113(a).  While the FLSA’s definition is relatively broad, recently, in Foday et al v. Air Check, Inc. et al, 2018 U.S. Dist. LEXIS 140552 (N.D. Ill. Aug. 20, 2018), the Northern District of Illinois clarified when individual employees can properly be named as defendants, holding that a company’s President could be held liable because he possessed certain supervisory functions and knowledge of the company’s relevant pay and scheduling practices.  Continue reading