Restaurant workers sue under Illinois wage, minimum wage, and federal overtime law.
On November 5, 2018, the United States District Court in Chicago, Illinois entered approval of our class action settlement against Bourbonnais, Illinois-based Brickstone Brewery. We anticipate that Illinois class members should receive checks, directly from the administrator, by mid-December, 2018. Servers and other workers will share in a $192,500 recovery.
The lawsuit alleged that this restaurant in Illinois did not properly pay and/or made deductions from the pay owed to waiters, waitstaff, and others employees. It brought claims under Illinois and federal law.
To learn more about the details of the settlement, click here.
In general, in Illinois, it is improper for employers to make deductions from employee's pay unless they follow the law (which typically requires consent in writing). Furthermore, if employers use a tip-credit (i.e., paying $4.95 per hour in Illinois), there are strict requirements that must be followed. If those requirements are not followed, an employer can lose the right to claim the tip credit in Illinois. In such cases, employees can sue for the full minimum wage that should have been paid to them.
Our experience with restaurants in Illinois is that many do not follow wage laws.
Here is a copy of the Final Approval Order.
The Defendant did not admit wrongdoing as part of the class action settlement.