Cases

Solsol, et al. v. Scrub, Inc., et al., Case No. 13 C 7652, US District Court, Northern District, Illinois

Our clients are janitors working at O’Hare International Airport.  Their employer has “rounded” the time they are clocked in to work, so they have been paid only for the time they are scheduled to work, not the time they actually work.  As a result, these janitors have been underpaid by millions of dollars.  The Court has certified a collective group of thousands of employees who have been affected.  Trial should take place in late 2016.

 

Jennings, et al. v. JRP Oil Co., Inc., Case No. 3:15-cv-02436-L, US District Court, Northern District, Texas

Our clients are Subway restaurant employees working at a Subway franchise as sandwich makers.  Their employer has illegally paid them straight time for all time worked, instead of paying time-and-a-half, i.e., 1.5 times the straight time rate for time worked beyond 40 hours per week.  Settlement negotiations are ongoing.

 

Oquendo, et al. v. Geralex, Inc., et al., Case No. 15 C 1634, US District Court, Northern District, Illinois

Our clients are janitors working for a small janitorial company at O’Hare International Airport and other Chicago-area locations. Their employer has “rounded” the time they are clocked in to work, and has also failed to pay for time worked off the clock. The Court has entered judgments for nine of the janitors. Following a failed settlement mediation in December, 2015, Defendants attempted to file for bankruptcy.  Following litigation in bankruptcy, Defendants have offered to settle the claims, and settlement negotiatons are ongoing.

 

Hampton/Jacklin v. Metropolitan Water Reclamation District, Case No. 11 CH 25822, Circuit Court of Cook County, Illinois

Our clients’ property was flooded in July, 2010, when the MWRD closed the locks and dams to various rivers and waterways in the Chicago, Illinois area.  We have filed two class action lawsuits because of those deliberate acts, since flooding land in those circumstances is an unconstitutional taking of property and must be compensated, under the Illinois and U.S. Constitutions.  The Illinois Appellate Court has affirmed the trial court’s order allowing the case to proceed.  The case is pending in the Illinois Supreme Court, and awaiting decision from the Court following oral argument.  We’ve won this issue at the trial court level and we’ve won at the appellate court level; we  do not quit until we win and our clients are paid.

 

Shanks et al. v. (Name Of Defendant Withheld Pursuant To Settlement Agreement), Case No. 11 C 7156, U.S. District Court, Northern District, Illinois

Our clients worked for a nationwide franchise of retail stores; we allege they were not paid wages or compensation for the time they were at work, making bank deposits at night, after their store closed.  Settlement Negotiations preclude the release of further details.

 

Wynn, et al. v. Express, LLC, Case No. 11-CV-4588, U.S. District Court, Northern District, Illinois

We have filed claims against Express on behalf of hourly and managerial employees who worked at Express retail stores throughout the United States, in and outside of Illinois, and who were required to work “off-the-clock”, by making  bank deposits after hours, in violation of state and federal law, including the Fair Labor Standards Act (FLSA).  The suit sought wages or compensation for straight time and overtime work.  The Court granted collective certification of this action.  The parties have agreed to a settlement of the case, which has been approved by the Court.

 

Khriesat v. Yonis, et al., Case No. 11-CV-4286, U.S. District Court, Northern District, Illinois

Identity theft action arising when Plaintiff’s signature was repeatedly forged and his credit and other history used by Defendants to open credit card merchant accounts in Plaintiff’s name.  Judgment has been entered for fraud, consumer fraud and other claims against Defendants, for $1,255,035.67, including punitive damages and attorney’s fees.

 

(Name of Case Redacted), U.S. District Court, Eastern District, Pennsylvania

We filed suit against an international hotel and resort company on behalf of our client, under the Computer Fraud and Abuse Act and the Stored Communications Act.  We claimed that the Defendant  violated those statutes by “hacking”, e.g., illegally gaining access, to Plaintiff’s private email accounts and his computer, using remote access programming, after Plaintiff’s employment with Defendant had been terminated.  The case settled after two years of litigation, on the even of trial, for $300,000.

 

Warren v. SCS Chicago, L.L.C. (a/k/a Le Colonial Restaurant), Case No. 10 CH 8380, Circuit Court of Cook County, Illinois

We filed claims against Le Colonial Restaurant on behalf of all tipped and hourly employees. Our clients alleged that Le Colonial violated Illinois wage laws by requiring its restaurant servers to contribute their tips to an illegal tip pool, because Le Colonial permitted its managers to participate in the tip pool. We also alleged that Le Colonial improperly deducted $0.50 per hour from each of its hourly employees’ wages, when the cost to Le Colonial to provide food to its employees is substantially less than $0.50 per hour; and that it failed to calculate overtime pay correctly.  The Circuit Court approved a class-wide settlement.

 

Smith v. ERJ Dining, LLC, et al (a/k/a Chili’s Restaurant), Case No. 11 C 2061, Northern District, Illinois

We filed claims against Chili’s on behalf of current and former hourly employees, including servers, bartenders, buspersons and greeters who were not paid the correct amount of overtime wages, and who were required to perform non-tipped work while being paid at tipped rates.  The Court denied Defendant’s motion to require arbitration in this case.

 

Harlacker v. Giordano’s Enterprises, Inc., Case No. 08 CH 17963, Circuit Court of Cook County, Illinois

We filed claims against Giordano’s on behalf of all persons who worked as delivery drivers for Giordano’s in Illinois. We alleged that Giordano’s misclassified its delivery drivers as independent contractors instead of employees, and that Giordano’s did not pay the proper amount of minimum or overtime wages due to the delivery drivers.

 

Sanchez v. Prudential Pizza, Inc., et al., Case No. 10 C 6289, U.S. District Court, Northern District, Illinois

The Court granted summary judgment on behalf of our client, pursuant to the “lie detector law”, the Employee Polygraph Protection Act – it is usually illegal to require an employee to take a lie detector test.  The Court also entered judgment against all defendants, and awarded Plaintiff her attorney’s fees incurred in prosecuting the case.  The Seventh Circuit Court of Appeals affirmed that Defendants must pay Ms. Sanchez’ attorney’s fees incurred in the litigation.

Current or former employees who believe that they have been treated wrongfully can contact our firm to discuss their situation without charge.

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