COOK COUNTY RECORD

The odds that an individual shop or restaurant could be hit with a disability equal access lawsuit under Title III of the Americans with Disabilities Act remains small. But the likelihood is increasing, as more lawyers take aim at shops of all sizes, including owners of small mom-and-pop shops in older buildings.

As the calendar moves into 2016 and beyond, the hospitality industry could see a growing shift among restaurants to no-tipping policies, should restaurateurs across the country see many happy returns for the handful of dining establishments that have already eliminated tipping – and see whether the change might help delete lawsuits over the treatment of tipped employees from the country’s litigation menu.

The Police Retirement System of St. Louis has filed a federal class action lawsuit against nearly two dozen U.S. banks, claiming the institutions have been manipulating the U.S. Department of Treasury’s market since 2008, violating federal anti-monopoly and anti-trust statutes by sharing with each other competitively sensitive information to move prices in their favor, to the detriment of the class members.

A Chicago area coffee roaster which roasts, grinds and distributes Aroma-brand Turkish-style coffee has sued an Illinois competitor for allegedly selling counterfeit versions of the coffee it sells to consumers and restaurants, as well as violating the company’s trademark and trade dress, particularly Aroma’s distinctive blue and white coffee can.

A woman suing Abercrombie & Fitch over the retailer’s decision to void promotional gift cards after the cards’ expiration dates still has more work to do to prove the retailer did anything wrong, a federal judge said in denying the woman's request for summary judgment in her breach of contract class action against the retailer.

The increase of wage and hour lawsuits being filed in Chicago federal courts in the last 25 years is reflective of a national trend. And with two new notifications from the U.S. Department of Labor regarding revised Fair Labor Standards Act regulations and an updated interpretation of worker classification, area litigators not only expect to see FLSA suits on the rise again, but to see businesses overhaul their structures.

Amid the rising tide of wage and overtime lawsuits brought in the last 25 years under the federal Fair Labor Standards Act, employers of all sizes have faced a series of questions. Foremost for many, however, is the question of how to classify their workers. As the economy has shifted, many have attempted to turn to the use of so-called independent contractors, raising concerns and litigation over whether those contractors are independent enough to pass legal muster.

In the past 25 years, employers of all sizes have faced a mounting number of lawsuits brought under the federal Fair Labor Standards Act by current and past employees who argue they have been shortchanged. In 2004, for instance, when rules changed governing how the law would be interpreted and enforced, FLSA-related litigation spiked. And business groups and lawyers on both sides believe the country may be poised for a similar jump in FLSA court activity.

This is the first installment in a series examining labor litigation brought under the Fair Labor Standards Act. In Chicago and nationwide, the number of wage and hour lawsuits filed under the FLSA has been steadily on the rise for most of the past 25 years. And area lawyers expect to see yet another spike in litigation as employers and employees alike see what will come of further changes to the rules governing enforcement of the FLSA by the U.S. Department of Labor.

A woman is suing Johnson & Johnson for allegedly misrepresenting the effectiveness of the company’s Bedtime Products that she, and many other parents, have purchased to help their babies sleep better. Stephanie Leiner, of Chillicothe, filed a class action lawsuit July 2 in federal court in Chicago against Johnson & Johnson Consumer Companies Inc., of Skillman, New Jersey, alleging violations of the Illinois Consumer Fraud and Deceptive Business Practice Act and unjust enrichment.

A Rockford area dermatology practice is suing a Massachusetts precision surgical tool manufacturer, alleging the company sold a laser tattoo removal tool to the clinic and hundreds of other clinics, yet knew the product did not eliminate or remove tattoos.