Seth D. Matus
Seth Matus practices in the Firm’s litigation department, primarily on complex commercial litigation. His background includes demonstrated proficiencies in labor and employment law and information privacy and data protection law.
AREA OF LEGAL CONCENTRATION
Seth specializes in commercial disputes, including breach of contract claims, fraud litigation, construction and mechanics lien lawsuits and unfair competition claims. Seth also handles labor and employment issues, including discrimination and wage litigation, the preparation of personnel policies for the Firm’s corporate clients, and counseling clients on general labor and employment issues. Seth has been certified as a Certified Information Privacy Professional in US private-sector law by the International Association of Privacy Professionals.
- Illinois State Bar Association
- Chicago Bar Association
- DuPage County Bar Association
Illinois, Northern and Central Districts
He has been admitted pro hac vice to handle cases in numerous other Federal Courts throughout the country.
- J.D., University of Colorado School of Law, Boulder, CO
- B.A., Rutgers University, New Brunswick, NJ
My Blog Posts
Managers and human resources professionals likely do not read rulings in tawdry divorce cases to gain tips on dealing with employees, but the recent decision in Epstein v. Epstein contains a valuable warning about a tactic frequently used by employers when investigating misconduct.
It is routine for employers to perform background checks on potential new employees before extending a job offer. After all, applicants are not always accurate about their past, and a bad hire can substantially damage a business -- both financially and through a loss of goodwill.
Over the past few years, wellness plans have been adopted by businesses large and small across the United States. Ranging from informal pedometer challenges to comprehensive efforts to improve employees’ diet, fitness and overall health, a wellness program is often an easy way for employers to limit the escalating cost of group health insurance and curb employee absenteeism. The clear benefits that employers receive from adopting a wellness program are however coupled with an increasing amount of legal risk.
One of the most feared prospects for many employers is a workforce unionization effort. Management and human resources personnel will often take vigorous measures to avoid the increased labor expense and inflexibility regarding personnel decisions that seem to invariably follow once a company becomes unionized.
One of the blessings (and curses) of modern technology is the ability to perform work anywhere, at any time. Like many people, I routinely check work emails on my smartphone while I am outside the office. Since I am exempt from coverage under the federal and state overtime laws, these work habits have no impact on payroll. However, the same is not always true for non-exempt employees.
While users of Facebook and other social media sites often assume that their employers never view their social media profiles and posts, this is increasingly not the case. Many employers have adopted social media policies and routinely screen the online presence of employees and applicants for objectionable content before making decisions on hiring, promotion or discipline.
The very business need that temporary labor services satisfy is providing clients with workers which the clients do not have to retain permanently. Likewise, general contractors hire subcontractors to perform certain work to avoid the need to employ tradespeople beyond the end of a specific construction project.
Many employers are reluctant to allow employees to discuss their compensation with one another, fearing that this may lead to poor morale and/or jealousy if similarly-situated employees discover that they receive different rates of pay. Employers may also believe that employees’ lack of knowledge of their colleagues’ compensation can be beneficial when negotiating pay increases. Due to these concerns, it is commonplace for employers to implement policies that bar employees from disclosing their compensation.
Two new employment statutes recently passed by the Illinois state legislature will substantially change how when and how employers conduct criminal background checks of job applicants and address the needs of pregnant employees. As the January 1, 2015 effective date of these statutes approaches, Illinois employers should ensure that their policies and practices are in compliance with each law.
A great deal of the discussion surrounding the Affordable Care Act (“ACA”) deals with large companies and the burden to “big business.” It is estimated that 96% of all businesses in the United States have 50 or fewer employees and employ nearly 34 million workers. For these companies and their smaller counterparts (those having 25 or fewer employees), there is a great deal of confusion about the ACA.