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The Fair Labor Standards Act (FLSA) is a federal law that provides various protections for workers in the United States who would otherwise be vulnerable to exploitation by their employers. In order to accomplish this, the FLSA regulates things like minimum wage and overtime, but not everyone is entitled to these protections.

Under the FLSA, independent contractors (those who are self-employed) are exempt from many of these protections. This is because the law assumes independent contractors have greater leverage when negotiating how and when they get paid.

Because they are largely unprotected, the FLSA provides specific requirements workers must fulfill in order to be considered independent contractors. These include the ability to make their own hours, control the environment they work in and decide what they wear to work. Continue reading ›

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The federal Fair Labor Standards Act (FLSA) was careful to provide a definition of “work” in order to make sure companies did not take advantage of their employees by forcing them to perform work without fair compensation. Unfortunately, the definition is still sufficiently vague as to leave some matters in question.

One of those matters is the time it takes to put on (don) and take off (doff) any uniforms or safety equipment employees are required to wear while working. Most companies don’t consider donning and doffing special clothing or equipment to be work, so they don’t pay their employee for that time. The workers, on the other hand, argue that as long as their employers require them to don and doff uniforms or safety equipment before and after their shifts, it cannot be considered part of the employees’ personal time. Continue reading ›

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Our Chicago non-compete agreement lawyers have defended physicians, doctors and high level executives in covenant not to compete and trade secret lawsuits. A case in which our firm defended a former Motorola executive was covered in Crain’s Chicago business. You can view that article by clicking here.  We have also successfully assisted physicians in escaping non-compete clauses and recovering hundreds of thousands of dollars in damages for unpaid income arising from wrongful termination or failure to honor payment agreements.

Lubin Austermuehle DiTommaso a firm of Chicago business dispute lawyers handles litigation over non-compete clauses for individuals and businesses of all sizes, including small or closely held businesses for whom competition from an ex-employee can be a serious threat. Our Chicago business lawyers with offices near Naperville, Oak Brook and Chicago have substantial experience in restrictive covenant and breach of contract cases, and we are proud of our record of strong results.

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Lubin Austermuehle DiTommaso’s Chicago business trial attorneys have more than two and half decades of experience helping small business clients on unraveling complex business fraud and breach of fiduciary duty cases. We work with skilled forensic accountants and certified fraud examiners to help recover monies missappropriated from our clients. Our Chicago and Oak Brook based business, commercial, and class-action litigation attorneys and lawyers represent individuals, family businesses and enterprises of all sizes in a variety of legal disputes, including disputes among partners and shareholders as well as lawsuits between businesses and and consumer rights, auto fraud, and wage claim individual and class action cases. In every case, our goal is to resolve disputes as quickly and sucessfully as possible, helping business clients protect their investments and get back to business as usual. From offices in Oak Brook, near Schaumburg, and Aurora, we serve clients throughout Illinois and the Midwest.

If you’re facing a business or class-action lawsuit, or the possibility of one, and you’d like to discuss how the experienced Illinois business dispute attorneys and lawyers at Lubin Austermuehle DiTommaso can help, we would like to hear from you. To set up a consultation with one of our Lake Forest and Kenilworth business law attorneys and class action and consumer trial lawyers, please call us toll-free at 630-333-0333 or contact us through the Internet.

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The federal Fair Labor Standards Act (FLSA) provides all sorts of rules and regulations to make sure workers are not mistreated by their employers. Two of the most well-known regulations involve overtime and minimum wage.

The FLSA defines overtime as any time spent working after eight hours a day or forty hours a week. It requires employers to pay all their hourly workers one and one-half times their normal hourly rate for all overtime worked. Continue reading ›

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Almost every little boy dreams of growing up to become a professional athlete of some sort. They are tempted by promises of fame, glory, and multi-million dollar contracts, but the reality for most athletes isn’t so sweet.

Although certain baseball players for the Major League Baseball (MLB) manage to make a very good living, those playing in the minor leagues allege they are getting paid less than minimum wage. Continue reading ›

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The task of defining “work” may seem pretty straightforward, but it’s not always as easy as most people think. As with just about everything in life, there are two sides to every story.

From the employee’s perspective, work consists of anything required by the employer. This frequently includes any time the employee is required to remain on the employer’s premises, regardless of whether or not she is actively working at the moment.

From the employer’s perspective, work is defined as any task performed by the employee that directly benefits the employer, but even this is not always so easy to define in a way that all parties can agree on. Continue reading ›

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Class action lawsuits were designed to give individuals leverage against large corporate defendants. A large company with billions of dollars and a team of lawyers at their disposal stands a much better chance of winning a lawsuit than a single employee or consumer with a claim that’s only worth a small amount of money.

Big businesses have long lamented this attempt to level the playing field, complaining that class actions exist for the sole purpose of allowing plaintiffs to come together to pick on large companies. Although defendants choose to settle class actions, rather than risk the time and expense of litigating them, it is possible for large corporations to get a fair hearing in court. Continue reading ›

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This Video provides excellent information but we have found instances where cars are misrepresented as in good condition and in fact are flood damaged.

Our Chicago car dealer fraud and Lemon law attorneys near Chicago Ridge and Glendale Hts. bring individual and class actions suits for defective cars with common design defects and auto dealer fraud and other car dealer scams such as selling rebuilt wrecks as certified used cars or misrepresenting a car as being in good condition when it is rebuilt wreck or had the odometer rolled back. Super Lawyers has selected our DuPage, Kane and Cook County auto-fraud, car dealer fraud and lemon law lawyers as among the top 5% in Illinois. We only collect our fee if we win or settle your case. For a free consultation call our Chicago class action lawyers at our toll free number 630-333-0333 or contact us on the web by clicking here.

Contact Information
Chicago Office
19 S LaSalle St #702
Chicago, IL 60603
Phone: 630-333-0333
Mailing Address
17W220 22nd St #410
Oakbrook Terrace, IL 60181
Phone: 630-333-0333 Please direct all mail correspondence to our Oakbrook Terrace address.
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189 Whistler Rd
Highland Park, IL 60035
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Please direct all mail correspondence to our Oakbrook Terrace address.

Phone: 603-333-0333
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