Sexual Harassment Under Federal Law

Web Admin - Friday, December 18, 2015

sexual harassment under federal law, Crystal Lake Employment Law AttorneyOne of the most serious issues that can occur in the workplace is sexual harassment. It is a violation of both state and federal laws and can be committed by and against numerous different individuals. Sexual harassment is considered a civil rights violation.

Defining Sexual Harassment 

Under federal law, sexual harassment is defined as any sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature that is not welcomed. The conduct must be so severe or frequent that it creates a hostile or intimidating workplace. It is important to note that sexual harassment can occur between people of the same or opposite gender. Further, a victim does not need to be the individual being harassed. If an individual is affected by offensive conduct, a sexual harassment claim may be made. 

Specifically, sexual harassment is a violation of Title VII of the Civil Rights Act of 1964, which applies to employers with 15 or more employees. Title VII applies to state and local governments, employment agencies, labor organizations, and the federal government. The Equal Employment Opportunity Commission (EEOC) encourages employers to provide training on sexual harassment and to communicate to employees that it will not be tolerated. Under Illinois law, companies and state agencies must develop policies on sexual harassment. State agencies must post these policies in a prominent and accessible location, as well as distribute them to all employees.

Victims of sexual harassment can file a Charge of Discrimination with the EEOC. The potential remedies may include compensatory and punitive damages, though the damage awards are capped dependent upon the size of the employer. For example, the damage award is capped at $50,000 for employers with 15-100 employees. 

Federal Employees 

Victims of sexual harassment who are federal employees must follow specific procedures when making a claim. Under most circumstances, a federal employee must contact an EEOC counselor of the agency where the harassment occurred within 45 days of the date of the harassment. After the claim has been made, it is addressed either through EEO counseling or alternate dispute resolution (ADR), such as mediation. 

It is important to note that federal employees cannot file a lawsuit until attempting to resolve the matter through the administrative complaint process. However, during the process, there are opportunities to initiate a lawsuit under the following circumstances: 

1. 180 days have passed since the complaint was filed and no decision has been made and no appeal has been filed; 

2.  Within 90 days of the complainant receiving the agency’s decision, as long as no appeal has been filed; 

3. 180 days have passed from the filing of an appeal if no decision has been issued by the EEOC; or 

4. Within 90 days from the date the complainant receives the EEOC’s decision after an appeal. 

If you believe that you have been a victim of sexual harassment, it is important to contact an experienced Illinois employment law attorney as soon as possible. Our firm can help stop unwanted harassment and pursue compensation for damages you have suffered. We represent individuals in Crystal Lake, Schaumburg, Palatine, Des Plaines, Rolling Meadows, Buffalo Grove, Barrington, Arlington Heights, Inverness, and Deer Park.

    Ken Apicella

    About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.





Employers Offering "Comp" Time Instead of Overtime

Web Admin - Tuesday, March 11, 2014

illinois overtime employee lawyerMany employees are owed overtime by their employers under the Fair Labor Standards Act (FLSA) once they work more than 40 hours in a week. Illinois also has a separate wage and hour law that comes into effect at the same 40-hour mark. While many employers dutifully obey these laws and pay the qualifying employees time-and-a-half during overtime, sometimes, either intentionally or by mistake, employers subvert these laws. One of the most common ways that employers attempt to get around paying overtime is through the use of compensatory or "comp" time instead of overtime.

This practice involves employers allowing a worker to take paid hours off in the future based on the amount of overtime hours worked. Most commonly these hours off will be either equal to the amount of overtime, or an hour and a half off for each hour of overtime.

Who Is Entitled to Overtime?

The first step in determining whether an employer is violating wage and hour laws related to overtime is to find out if the law mandates overtime for the employee in question. The first place to look is in the FLSA, which governs overtime requirements on a federal level. The FLSA qualifies all hourly employees for overtime pay, unless they fall into a list of exemptions. The Department of Labor provides a full list of exempt employees. Some of the most commonly applicable exemptions are:

  • - Sales employees working on commission;
  • - Computer professionals making at least $23.67 an hour;
  • - Drivers, loaders, and mechanics employed by motor carriers;
  • - Salesmen, partsmen, and mechanics who work for automobile dealerships; and
  • - Executive, administrative, and professional employees who are paid on a salaried basis.

Illinois’ wage and hour law also contains a list of exemptions, though these largely overlap with the FLSA’s list. For an employee to be exempt from overtime requirements, their occupation would need to be exempted from both the FLSA and the Illinois overtime law.

Is Comp Time Legal?

If a private sector employee falls under the ambit of overtime laws, then paying them with compensatory time instead of an overtime rate violates overtime laws. The purpose of those laws is to provide employees a premium for working overtime, which comp time circumvents. Importantly, this rationale does not apply to all rearrangements of schedules. The overtime laws focus on a weekly time scale, meaning that working more than eight hours in a day does not qualify a person for overtime, and an employer is allowed to shift time within the week to keep an employee below the 40 hour threshold. It is only the banking of paid time off in lieu of an overtime premium that violates the law.

If you believe you have been the victim of an overtime violation like comp time, reach out to a Barrington employment lawyer today. Our team handles cases in many northwest suburbs, including Schaumburg, Rolling Meadows, and Palatine.

About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.

Remedies for Unpaid Overtime in Illinois

Web Admin - Thursday, February 06, 2014

illinois unpaid overtime employment lawyerAmerican workers are facing a growing problem; their employers are failing to pay them overtime for extra hours that they worked. According to CNN, wage and hour claims have increased 400 percent in the last decade alone. Employers have a variety of tricks they can use to avoid paying employees the money they owe them. For instance, many employers improperly classify their workers as independent contractors, when they should actually be classified as employees.

This allows employers to subvert overtime laws and shift some of their tax burden to the worker. Employers can also avoid paying overtime by instituting improper policies to prevent employees from logging all of their hours. This can include such practices as forcing employees to clock out for lunches through which they work, making employees show up for work and then wait to clock in until later, or forcing workers to work from home without tracking their hours.

Fortunately, workers in Illinois have remedies available to them. Employees can bring suits for unpaid overtime under the federal Fair Labor Standards Act (“FLSA”) and under the Illinois Minimum Wage law. However, employees should know that both laws provide different limits on the amounts that they can recover from their employer.

The Fair Labor Standards Act

The FLSA is a federal law that protects workers from wage violations. If an employee brings a suit under the FLSA to recover overtime, they can receive overtime pay that the employer owes them from the past two years. That time period may increase to three years if the employee can prove that their employer willfully violated the statute.

A willful violation of the statute occurs if the employer “showed reckless disregard for the matter of whether their conduct violated the statute.” Additionally, in the case of such willful violations, the court may award “liquidated damages.” These extra damages can be as high as the initial amount of overtime owed, meaning the employee can receive twice the amount that the employer failed to pay them.

The Illinois Minimum Wage Law

Illinois also has a minimum wage law under which employees can sue in order to recover overtime pay. Employees can recover up to three years of back pay under this law, regardless of whether the employer willfully violated the law. However, suing under the Illinois law would deprive the employee of the opportunity to receive liquidated damages. Instead, the Illinois law provides for employees to receive two percent interest for each month that their employer owed them overtime.

Do you have questions about your employer’s overtime practices, or think you may be eligible for overtime pay that you never received? Reach out to a Rolling Meadows employment lawyer today. Our firm operates in many northwest suburban areas including Barrington, Crystal Lake, and Palatine.

About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.

Recent Posts


Illinois driving without license first degree murder employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Deer Park workers compensation lawyer defective products Palatine elder law attorney traffic accidents forming a corporation in Illinois Chicago lawyer Schaumburg real estate lawyer drugs blood alcohol content Illinois Human Rights Act rent to own real estate contracts products liability liability claims Employment Discrimination Law civil litigation unpaid assessment Palatine corporate attorney real estate leasing institutional trustee Chicago insurance claim attorneys Illinois employment law firm breach of contract foreclosure dealing with problem employees Rolling Meadows medical malpractice lawyers POA FSLA slip and fall Arlington Heights trucking lawyer Illinois workplace discrimination attorney problem employees South Barrington real estate lawyer blended families Inverness elder law lawyer employee discrimination insurance dispute employment attorney Arlington Heights personal injury attorney rollover car crashes Long Grove real estate attorney Palatine insurance lawyer Illinois employment law attorneys real estate involuntary manslaughter Schaumburg injury lawyer deed transfer Forcible Entry Rolling Meadows insurance dispute lawyers murder jet ski Inverness corporate attorney trusts cell phone accidents startup company preventing accidents personal injury accidents Des Plaines real estate attorney fiduciary rule delay Deer Park traffic lawyer Crystal Lake pedestrian accident lawyer Kenilworth estate planning lawyer estate planning trusts Barrington medical malpractice lawyers changes to mortgage law business litigation Des Plaines drug crimes lawyer Illinois probate lawyer sexual harassment Des Plaines personal injury lawyer Schaumburg personal injury lawyers driving Arlington Heights wills and trusts lawyers nursing home negligence caretaker rights Illinois mortgages CAM Transfer on Death Instrument life insurance Illinois insurance claim dispute lawyer controlled substance insurance claim delay texting while driving Food and Drug Administration's Food Safety Modernization Act denial of life insurance Crystal Lake traffic attorney traffic violations Schaumburg elder law lawyer Inverness injury lawyer Landlord Tenant Ordinance owner responsibility Crystal Lake employment lawyer Inverness accident lawyer medication errors Illinois wrongful termination lawyer Illinois premises liability Crystal Lake accident attorney Illinois personal injury lawyer Barrington criminal defense lawyer Illinois Probate Act of 1975 Barrington business law firm Des Plaines Traffic Lawyer commercial real estate Buffalo Grove probate lawyer Barrington litigation attorney pedestrian accident marijuana insurance dispute attorney Arlington Heights insurance attorney Schaumburg personal injury lawyer Jay Andrew texting and driving Schaumburg employment attorney crossover accidents traffic offenses Buffalo Grove traffic attorney Rolling Meadows personal injury lawyer Illinois tax attorney Illinois Wage Payment and Collection Act Buffalo Grove personal injury attorney Thanksgiving Illinois boating accident lawyer wrongful termination clemency Illinois medical malpractice lawyers probate process income distribution deducation traffic crimes job lawyers insurance denials Des Plaines personal injury attorney Rolling Meadows personal injury attorney estate tax Illinois motorcycle accident lawyer Super Mario Buffalo Grove insurance claim dispute lawyers Crystal Lake medical malpractice attorneys Chicago trucking accident attorney Chicago insurance law firm life insurance claims trauma after an accident medical marijuana Mt Prospect Attorney DUI drug crimes lawyer distracted driving accidents auto accidents llinois Real Estate Lawyers Association Illinois red light cameras Illinois trusts attorney bicycle dooring accidents Deer Park medical malpractice attorney Barrington Illinois estate planning lawyer digital media accounts, estate planning, Arlington Heights estate planning attorney, Deer Park employment law attorney Buffalo Grove real estate attorney mortgage Rolling Meadows business lawyer paid sick leave Illinois will lawyer criminal defense capital gains tax breathalyzer test Illinois Workers’ Compensation Commission Schaumburg criminal attorney rest breaks Barrington drug crime attorney Rolling Meadows criminal lawyer employment law, Illinois employment laws Arlington Heights wills and trusts attorney installment contracts criminal Barrington civil litigation attorney in terrorem provision GM ignition switches healthcare claims Fourth of July Chicago biking tips Rolling Meadows drug defense attorney Illinois law Palatine traffic accidents Long Grove estate planning attorneys Barrington real estate lawyer medical research Illinois personal injury attorney manufacturing work unions bike accident traffic deaths swimming pools boating under the influence boating DUI Joliet general practice lawyers digital evidence Buffalo Grove medical malpractice lawyers disability benefits Crystal Lake insurance lawyer Illinois insurance claim attorney meal breaks Schaumburg criminal law attorney Illinois traffic attorney condo Illinois car accident attorney spinal cord injuries Crystal Lake will lawyer Schaumburg insurance lawyers IRA trust transfer Illinois traffic accident lawyer Family Medical Leave Act Crystal Lake law firm Illinois personal injury Illinois employment attorneys Inverness personal injury attorney advance healthcare directive Long Grove wills and trusts attorneys living wills medical malpractice insurance agent negligence construction accidents murder defense Inverness civil lawyer creditors social media after death estate planning lawyer Kenilworth estate planning attorneys Illinois employment lawyer Rolling Meadows car accident lawyers Schaumburg probate attorney Illinois employment law dram shop law Palatine workers compensation lawyer commercial leases irrevocable trust Barrington employment law attorney Palatine personal injury lawyer Palatine traffic lawyer Do Not Resuscitate Arlington Heights Traffic Lawyer DUI attorney drug crimes truck collisions Schaumburg estate planning lawyer Illinois collections attorney fatal car accidents Illinois pet lawyer Palatine injury attorney power of attorney for healthcare sexual images Palatine drug lawyer employment contract Liquor Control Act Illinois jet ski accident lawyer insurance claim denials civil rights violation Illinois workers compensation lawyer Arlington Heights traffic attorney Buffalo Grove corporate attorney living trust vs will Chicago estate planning unauthorized overtime independent contractor car crashes underage DUI Illinois business law atorneys homestead rights Illinois home inspection Rolling Meadows marijuana attorney Schaumburg medical malpractice lawyer no contest clauses jet ski accidents anesthesia errors Illinois insurance dispute lawyers Arlington Heights pedestrian accidents Buffalo Grove employment lawyer insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys back injuries Palatine employment lawyer Schaumburg civil litigation attorney preventable medical errors Barrington personal injury lawyer Illinois corporate lawyer corporate law Illinois civil litigation lawyer motorcycle accident lawyer motorcycle accident guardianship attorney home inspection lawyer bicycle accidents DNR Palatine real estate lawyer gift taxes Inverness traffic law firm federal crimes Des Plaines criminal attorney condo association Schaumburg wrongful death attorney Barrington estate planning attorney Illinois insurance claim dispute lawyers fiduciary rule personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys whistleblower protections Des Plaines accident attorney Des Plaines drug lawyer brain injury Illinois real estate Detainer Actions Illinois small business Arlington Heights personal injury lawyer criminal record pedestrian accidents Crystal Lake personal injury attorney license reinstatement Long Grove estate planning elder law trucking accidents Deer Park motorcycle accident lawyer personal injury law firm Affordable Care Act pet law School Visitation Rights Act Crystal Lake employment law attorney Barrington employment attorney healthcare defective products lawyer Deer Park personal injury lawyer IRS car accidents Arlington Heights estate planning attorney workers comp liability pedestrian-automobile accident field sobriety test car accident lawyers deadly crashes Illinois medical malpractice claim landlord tenant law real estate contract filing a medical malpractice claim Rolling Meadows employment attorney wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace marijuana crimes attorney estate planning attorney employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Schaumburg construction accident lawyer Illinois medical malpractice case natural gas explosion traffic tickets Illinois traffic laws Retaliatory Discharge Home Sale Contingencies Arlington Heights tax lawyer Rolling Meadows estate planning attorney Illinois defective products attorney Barrington criminal lawyer Palatine punch death ObamaCare compensatory time Illinois insurance attorney Colin H. Gilbert unpaid overtime Illinois insurance claims lawyers underinsured motorist Crystal Lake traffic lawyer construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation speeding insurance negligence Inverness estate planning lawyer Legal Info Des Plaines personal injury lawyers Arlington Heights real estate lawyer Crystal Lake business law attorneys Illinois job attorney Illinois traffic ticket lawyer Chicago will attorney Illinois trucking safety civil litigation attorney wills and trusts probate claims process hands free device icy parking lots comp time Illinois traffic attorneys Rolling Meadows employment law attorneys drunk driving statistics Des Plaines collections attorney Barrington Traffic Lawyer employee rights Arlington Heights employment law attorneys bad faith insurance claims Rolling Meadows Traffic Lawyer Rolling Meadows probate lawyer mass shooting boating accidents operating agreements insurance claim denial trustee Rolling Meadows DUI lawyer Rolling Meadows Attorney rollover accidents insurance claim personal injury Illinois estate planning Schaumburg car accident attorney pet bites Illinois employment law attorney Illinois medical malpractice attorney Illinois elder law attorney Palatine corporate law attorneys Des Plaines claims law firm Schaumburg Attorney insurance claim dispute attorney Schaumburg employment law attorneys natural gas Mount Prospect elder law attorney Arlington Heights Attorney Crystal Lake car accident lawyer murder charges workers compensation foreclosed rental property Chicago attorney Illinois business lawyer Deer Park traffic accident attorney Illinois Transfer on Death Instrument digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers car collision insurance denial appeals Schaumburg corporate attorney Illinois attorney Chicago will attorney, social media platforms, Illinois estate planning lawyer, low-ball insurance settlement liens Inverness real estate attorney Barrington employment law firm digital assets Illinois DUI attorney probate Barrington workers compensation attorney Buffalo Grove personal injury lawyer product liability Crystal Lake personal injury lawyer car accident lawyer Colin Gilbert dog bites Arlington Heights lawyer small business consent to a search investment property Rolling Meadows insurance dispute lawyers, insurance dispute Des Plaines DUI attorney PTSD Illinois workers compensation attorney suspended license hiring employees caregiver Des Plaines wrongful death car accident minimum wage federal regulations for LLCs insurance adjusters Illinois estate planning law firm Federal Food Drug and Cosmetic Act head on collisions Palatine trusts lawyer privacy trucking accident lawyers Deer Park real estate law firm residential real estate ken apicella Rolling Meadows criminal attorney surgical mistakes Palatine construction attorney Arlington Heights wills and trusts lawyer sole proprietorship hit and run accident Des Plaines tax law firm Buffalo Grove traffic lawyers Whistleblower Claims personal injury claims insurance attorney Illinois construction accident attorney Illinois estate planning attorney DUI defense Deer Park DUI lawyer Buffalo Grove criminal defense lawyer medical malpractice claims Schaumburg employment law Des Plaines pet law attorney Self-Directed IRA Accounts insurance disputes life insurance lawyer Illinois rollover accident lawyers employees denied insurance claim Des Plaines medical malpractice attorney trust payments BAC overtime pay Crystal Lake employment attorney Illinois registered agent Palatine employment attorney real estate attorneys privacy laws appealing an insurance claim IRELA Mount Prospect real estate lawyer severance agreements Palatine business attorney car crash injuries digital information Illinois wills and trusts Barrington personal injury attorney Crystal Lake medical malpractice lawyer new real estate form Chicago estate planning lawyer traffic laws living trust Illinois living will Kenilworth estate planning attorney Illinois workplace lawyer modern family estate planning living trust benefits wills drunk driving personal injury claim Barrington attorney Illinois pedestrian accident attorney Rolling Meadows corporate lawyer vacation home Illinois real estate lawyer LLCs traffic violations defense Inverness insurance attorney Inverness probate lawyer Exclusions taxes reckless homicide medical malpractice compensation Schaumburg personal injury attorney Palatine law firm pedestrian injuries, pedestrian fatality Long Grove estate planning attorney Barrington estate planning lawyer accidental death benefits Illinois employee rights attorney. senior citizens Crystal Lake bike accident lawyer pain and suffering Arlington Heights TBI attorney real estate lawyer drug crime Arlington Heights medical malpractice lawyer estate plan Illinois Smoke Detector Act Chicago car accident lawyer Palatine employment law lawyer Palatine estate planning lawyer insurance agents Arlington Heights criminal lawyer criminal law real estate closing eluding a police officer employee misclassification Arlington Heights employment attorney TBI health insurance dispute expungement Illinois LLC creation Palatine civil litigation lawyer holiday statistics workplace sexual harassment Crystal Lake estate planning lawyer Chicago employment lawyer Illinois speeding lawyer personal injury lawyer gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Illinois insurance lawyer personal injury attorney trench injuries revenge porn insurance claim dispute Inverness DUI lawyer Illinois personal injury lawyers wage theft Des Plaines real estate lawyer distracted driving accident victims South Barrington real estate attorney insurance claims Des Plaines insurance attorney attorney fees Illinois employment laws probate lawyer tax attorney slip and fall accidents estate planning Buffalo Grove injury lawyer cell phone tower data Rolling Meadows insurance lawyer Illinois criminal defense attorney Schaumburg drug defense lawyer Illinois bicycle safety real estate attorney Rolling Meadows personal injury lawyers Palatine Attorney Palatine civil attorney dynasty trusts Rolling Meadows boating crash lawyer medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Rolling Meadows employment law attorney probate claims DMV Palatine probate lawyer denied insurance claims drug possession Illinois wills and trusts attorneys Attorney Ken Apicella Rolling Meadows tax attorney Illinois Sales Representative Act overtime violations estate attorney license Deer Park accident attorney Rolling Meadows Long Grove real estate lawyer Policy Cancellation uninsured motorist Crystal lake insurance dispute attorney license revocation pregnant women unfunded trust special needs trust Des Plaines civil attorney cell phone Crystal Lake medical malpractice law firm loss of consortium Rolling Meadows traffic law firm estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers DUI penalities Crystal Lake criminal defense attorney Inverness real estate lawyer Barrington injury attorney Buffalo Grove law firm Illinois injury lawyer Arlington Heights accident attorney Illinois insurance disputes Arlington Heights car crash attorneys Chicago employment attorney life insurance policy workers compensation benefits probate fees golf accidents Barrington boating accident attorney Class A misdemeanor food poisoning Home Remodeling Repair Act commercial leasing Schaumburg traffic lawyer insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys right to work Schaumburg estate planning attorney loopholes Rolling Meadows litigation lawyer elder abuse automated cars Crystal Lake tax lawyer Illinois lawyer Rolling Meadows insurance attorney Buffalo Grove car accident lawyer college kids Rolling Meadows traffic attorney ACA Arlington Heights car accident lawyer Des Plaines injury law firm traumatic brain injuries underfunded trust Riverwoods estate planning lawyer Rolling Meadows accident lawyer agent Des Plaines motorcycle accident attorney Schaumburg estate attorney Crystal Lake injury attorney fault based insurance landlord real estate zoning financial advisors child safety estate planning for college students FMLA traumatic brain injury Rolling Meadows real estate attorney Palatine criminal defense lawyer Arlington Heights wills and trusts attorneys Arlington Heights injury attorney spinal cord injury Crystal Lake pet attorney rumble strips car crash Fair Labor Standards Act Crystal Lake car accident attorney power of attorney internet Mount Prospect wills and trusts lawyers employment lawyer DGAA Chicago traffic lawyer Crystal Lake civil litigation lawyer license suspension BUI estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, vacation home fines BAIID Chicago corporate attorney IRA benefits Deer Park criminal attorney pizza emoji