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A recent Seventh Circuit decision  may provide ammunition for employers defending FLSA claims brought by commission-based employees or employees who work irregular hours. In Ramon Alvarado, et al. v. Corporate Cleaning Services, Inc., et al., No. 13-3818 (7th Cir. April 1, 2015),  the plaintiffs were 24 window washers employed currently or formerly by Corporate Cleaning Services (“CCS”), one of Chicago’s largest providers of window-washing services to high-rises. They filed a lawsuit against CCS for failure…
A Title VII plaintiff can prove retaliation using either the direct or indirect method.  Under the direct method a plaintiff must prove (1) that she engaged in a statutorily protected activity; (2) that she was subjected to an adverse employment action; and (3) that there was a causal connection between the two. In Greengrass v. International Monetary System Ltd., No. 13-2901 (7th Cir. Jan. 12, 2015), the Seventh Circuit Court of Appeals reversed a summary…
The Illinois Supreme Court recently clarified the element of causation in its ruling in Michael v. Precision Alliance Group, LLC, 21 N.E.3d 1183 (Ill. 2014). In Michael, employees who reported about certain practices of Precision’s that resulted in an investigation by the Department of Agriculture, and whose employment was subsequently terminated, brought a retaliatory discharge action against the company. The trial court applied the three part McDonnell Douglas  burden of proof analysis, and concluded that…