CHICAGO — A former restaurant worker for a Godfrey, Illinois-based Mexican restaurant recently filed an unpaid overtime lawsuit against the company’s owners claiming he routinely worked well over 40 hours per week but was denied overtime pay.
The lawsuit names parent company Carlin Restaurant and its owner/operators as defendants asking for back pay and overtime wages.
According to the lawsuit, the plaintiff frequently worked up to 70-hours per week but was only paid a flat rate of $550 per week. The claimant alleges he worked double shifts six days per week from June 2007 May 2016. His suit claims he earned an average of $7.85 over the course of a 70-hour work week, well below the state’s minimum wage of $8.25.
Additionally, the plaintiff alleges his $550 weekly pay did not come close to compensating him at the legally mandated rate of $12.38 for hours worked over the overtime threshold. Under the law, employees must be paid time and a half for all hours worked over 40 during a week.
Unpaid Overtime Lawsuit Asks for Thousands of Dollars in Damages
The suit asks for $75,000 in damages as well as reasonable attorney’s fees. In addition, the lawsuit asks the court to impose an injunction on the defendants to prevent them from engaging in similar behavior which the plaintiff believes is illegal under Illinois and federal laws.
The plaintiffs seeks three-years of back pay, the maximum amount of time allowed under Illinois statute of limitations for overtime and wage claims. The $75,000 plea for damages includes 9% in interest for the back pay. The total amount of damages could grow substantially depending on whether or not the court allows other plaintiffs to join the case with similar claims.
As many as 40 other individuals may end up joining the overtime pay lawsuit, which seeks class action status for similarly affected persons. Potential plaintiffs include non-managerial employees for the restaurant including line cooks, prep cooks, bussers, dishwashers, and other back of the house employees.
Illinois Restaurant Overtime Pay Lawsuit
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that you and and other employees believe that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.