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Wage Disputes/Class Actions:

  • Recovered over $5 million, under ERISA, for thousands of employees who had their employer 401(k) plan invested in an investment that failed. (Northern District of Illinois; Chicago)
  • Approximately $700,000 in settlements  for alleged privacy violations of Illinois law for employees.
  • In the first 7 months of 2018, we entered into settlements for over $2 million in several cases, including  tower technicians not paid for drive time/overtime, hourly workers not paid overtime for attendance bonuses and other incentive pay, for restaurant workers who allegedly had deductions from their pay for uniforms and meals, and other alleged wage violations, employees paid straight time for all hours worked, for workers classified as exempt, and other disputes.
  • In 2018, obtained a reversal and remand before the 7th Circuit Court of Appeals for our Illinois-based client who sued for overtime wages and other relief under the FLSA. To read more, click here or here or here or here or here.
  • Represented an Illinois-based marketing company against a putative class and collective action alleging violations of the FLSA and the Illinois Minimum Wage Law for allegedly failing to pay overtime wages. We were able to obtain a favorable settlement within months of the case being filed.  (Judge Castillo, Chicago, Illinois)
  • In 2018, obtained a $333,000 settlement for cell tower services that challenged the practice of not factoring in all drive time for overtime purposes for class of Illinois workers.  The case was closely watched as it wrestled with an important issue of whether driving constituted hours worked under the FLSA. To read more click here or here or here. Our clients alleged that they were not properly paid for their drive time, i.e., the time driving to remote tower locations.
  • In 2018, obtained a $550,000 settlement against WeatherTech for overtime claims of its Illinois workers.   To read more, click here.
  • In November 2018, obtained $192,500 wage settlement for servers of an Illinois-based restaurant alleging wrongful deductions and off the clock claims.   To read more click here.
  • Represented employees of physical therapy company  who worked in care facilities for their claims that they were paid improper, worked off the clock, and not properly paid overtime.  Case information is available here and certification ruling is available here.
  • In Cook County, Illinois we brought claims under the Illinois Wage Payment and Collection Act against a clothing store retailer who allegedly deducted money from paychecks without consent.  The case was successfully settled on a class-wide basis.
  • In the Northern District of Illinois, we prosecuted a vacation forfeiture class-wide settlement under Illinois Wage Payment and Collection Act against national school bus company and the case settled on a class-wide basis in 2016.
  • We successfully pursued overtime claims for “store managers” who were paid on a “salary” but subject to deductions in compensation (for cash register shortages and other reasons); case settled on class wide basis for Illinois-based workers.
  • $1.3 million recovered on behalf of a group of minority shareholders of a community bank. The lawsuit alleged that certain directors of the bank had breached their fiduciary duties to a class of shareholders and David Fish was appointed as co-class counsel along with other counsel.  Click here for class certification ruling.
  • Defended a Naperville, Illinois-based international marketing company in a putative nationwide class action seeking in excess of $5 million that alleged our client (directly and through its agents) had caused the transmission of unauthorized text (SMS) messages to cellular telephones in violation of the Telephone Consumer Protection Act (TCPA). Without paying any money whatsoever, our client was voluntarily dismissed with prejudice less than 10 months after the lawsuit was filed and prior to class certification consideration.  (Northern District of Illinois, Chicago, Illinois, Opposing Counsel: Edelson, Chicago, Illinois)
  • Defended a putative class action lawsuit alleging violations of the Telephone Consumer Protection Act (TCPA) and conversion. The complaint alleged that our clients had sent unsolicited fax advertisements and therefore sought damages on behalf of the proposed class. The plaintiff was G.M. Sign, Inc. which has brought many similar lawsuits. After being retained, we filed a motion to dismiss which Judge Castillo granted. Thereafter, the plaintiff re-filed a similar putative class action against our clients in Lake County, Illinois. We removed that case to the Northern District of Illinois, filed another motion to dismiss, and the putative class action was then dismissed with prejudice by the plaintiff. (Chicago, Illinois; Opposing Counsel: Anderson + Wanca and Botch & Hatch LLC)
  • Defended a putative class action lawsuit alleging violations of the Telephone Consumer Protection Act (TCPA). The complaint alleged that our clients had made unsolicited automated pre-recorded telephone calls to sell their products.  Shortly after we took the plaintiff’s deposition the plaintiff agreed to dismiss the case with prejudice and without any money paid by our client to the plaintiff, the class, or its lawyers.  (Chicago, Illinois; Opposing Counsel: Lite DePalma Greenberg LLC; Judge Pallmeyer)
  • Defended a Chicago based hotel against a putative class action lawsuit that alleged violations of wage and hour laws, including the Illinois Wage Payment and Collection Act, the Fair Labor Standards Act, defamation, and discrimination. The court denied class certification and dismissed all claims brought by two of the class representatives for discovery sanctions. Thereafter, the remaining class representatives agreed to dismiss their claims without being paid any money.  (Judge Grady, Northern District of Illinois, Chicago, Illinois)
  • Along with other counsel, helped recover millions of dollars for approximately 2,000 investors who had invested in a limited partnership commodities fund. The fiduciaries responsible for the limited partnership entrusted the investors’ money to a company that ended up filing for bankruptcy after its officers had allegedly misappropriated assets. As a result of the bankruptcy filing, the investors were unable to access their money. After approximately one year of Federal court litigation, a settlement was reached that provided millions of dollars for the limited partners.  (Chicago, Illinois) Read the Notice
  • Defended Illinois-based pizza franchisees against class and collective lawsuits alleging they failed to pay overtime and minimum wages correctly.
  • Pursued overtime claims for taxi drivers that contracted with school districts.  For more information, click here.
  • Obtained nationwide conditional certification of overtime lawsuit brought on behalf of two Illinois healthcare workers.  For more details about the lawsuit, click here.
  • Successfully resolved minimum wage claims on behalf of phlebotomist on a collective basis where they were not paid for training time.
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