Werman Salas News

Exelon, staffing companies accused of shorting specialized contractors OT pay

By Dan Churney | Mar 9, 2019

Specialists once employed by Exelon are suing the Chicago-headquartered power provider and three staffing companies in federal court, alleging defendants short-circuited labor law by withholding overtime pay.

New BIPA class actions target Walmart, Handi-Foil, Bob's Discount Furniture, others over fingerprint scans

By Jonathan Bilyk | Jan 29, 2019

In the wake of an Illinois Supreme Court ruling appearing to green light such actions, a flurry of class action lawsuits have landed in Cook County courts in the last few days, accusing a number of employers, including Walmart, of violating a state privacy law in making employees scan their fingerprints when punching the clock or accessing cash registers.

Appeals court: Jimmy John's asst mgrs lawsuit vs corporate parent doesn't bar lawsuits vs franchisees

By Scott Holland | Dec 16, 2017

A federal appeals court in Chicago has ruled a group of assistant managers suing Jimmy John’s over their treatment can proceed with lawsuits against both the parent company and its franchisees, even though a federal district judge had said they had to wait to sue the franchisees until they progressed further in their class action against the sub sandwich chain.

T-Mobile store operator TCC Wireless to pay $1.15M to settle OT pay class action; attorneys to get $383K

By Scott Holland | Dec 5, 2017

TCC Wireless has agreed to pay $1.15 million to settle an unpaid overtime class action complaint, according to documents given an initial nod of approval late last month by a Chicago federal judge.

Aramark tagged with worker fingerprint class action under IL privacy law

By Jonathan Bilyk | Nov 10, 2017

Aramark, one of the country’s largest employers, providing food service and other vendor services to Chicago’s Soldier Field and numerous schools, corporate headquarters, hospitals, prisons and other institutional facilities throughout Illinois, has become one of the latest targets among a growing number of lawsuits under an Illinois privacy law, accusing employers of not properly handling the process of scanning and managing their employees’ fingerprints to log employees’ work hours.

Limo company owners' failure to understand personal liability for judgment in OT case dooms appeal

By DM Herra | Nov 3, 2017

Former business partners sued for failing to pay their employees overtime lost their appeal of the judgment against them, when a federal appeals court found the men had spent years ignoring both the litigation and the judgment.

Jimmy John's, asst mgr class action plaintiffs square off over whether sandwich chain is 'joint employer'

By Jonathan Bilyk | Jul 26, 2017

Facing a growing number of lawsuits over its alleged treatment of assistant store managers, sub sandwich restaurant chain Jimmy John’s has asked a Chicago federal judge to determine exactly how much responsibility it should bear for how its franchisees classify, pay and manage those assistant managers.

Von Technologies failed to pay network engineers overtime wages, class action claims

By Louie Torres | Apr 24, 2017

An IT professional has filed a class action lawsuit against Von Technologies LLC, a network services company, citing alleged unpaid wages and violation of Workers' Compensation acts.

Former Camping World employee says company didn't pay enough OT

By Louie Torres | Apr 17, 2017

A former employee has filed a class action lawsuit against Camping World Inc., citing alleged unpaid wages and violation of Workers' Compensation acts.

7th Circuit: Olive Garden parent can't be hit with class action over vacation pay policies

By Scott Holland | Jan 10, 2017

The parent company of Olive Garden and Red Lobster and other chain restaurant brands has won a legal victory after a federal appeals panel refused to certify a class action over unpaid vacation time, saying the restaurant group’s change to its “anniversary pay” policies shouldn't subject it to a class action lawsuit.

PNC settles asst. bank managers' unpaid OT claims class action for $6M; $2M to plaintiffs' attorneys

By Jonathan Bilyk | Nov 30, 2016

A little over a year since a group of several hundred assistant bank branch managers sued PNC Bank for allegedly denying them overtime pay, a federal judge in Chicago has signed off on a deal to end the litigation for $6 million, which would send around $2,000 on average to each of the allegedly wronged assistant managers and $2 million to the attorneys who brought the case.

Server tips class action vs suburban Buffalo Wild Wings franchisee cleared to move forward

By Jonathan Bilyk | Sep 9, 2016

Despite a federal appeals court's recent ruling that restaurants aren’t necessarily breaking federal labor law by requiring tipped servers to perform tasks other than waiting tables, a Chicago federal judge has decided to allow servers at several suburban Buffalo Wild Wings franchise locations to sue their employers for that same reason.

7th Circuit: Small added tasks don't mean tipped servers doing other jobs, entitled to more pay

By Jonathan Bilyk | Jul 28, 2016

A suburban Chicago chain of pancake houses has stacked another win in its ongoing legal fight with former servers who claimed they weren’t paid enough for work they did in addition to waiting tables at the restaurants.

Class action: Visionworks BOGO eyeglass offer bogus, as first pair marked up to offset loss on 'free' pair

By Scott Holland | Jun 10, 2016

Visionworks’ buy one, get one free offer on eyeglasses has bought it a new federal class action complaint, alleging the retailer marks up the price of the first pair, making the second one cost much more than "free."

Class actions alleging DirecTV didn't pay its service techs overtime can proceed, judge says

By Dana Herra | Apr 19, 2016

DirecTV and its installation contractors will need to continue to defend itself against a pair of lawsuits brought in Chicago federal court by service technicians who claimed the satellite television provider owes them unpaid overtime.

Servers, other tipped staff allege P.F. Chang's shorted them pay

By Scott Holland | Apr 5, 2016

Servers and other tipped restaurant workers have sued P.F. Chang’s in federal court, claiming the casual Asian restaurant chain didn’t pay them what was required by wage laws.

Former TGI Friday's workers dish out class action, say weren't paid earned vacation time

By Jonathan Bilyk | Mar 10, 2016

Two Chicago area women have dished out a potential wage-and-hour class action lawsuit against restaurant chain TGI Friday’s, alleging their former employer maintained a vacation pay policy that violated Illinois law, and did not properly pay employees who quit or were fired for the vacation time they had accumulated while they worked at the restaurants.

Happy returns? Restaurateurs, lawyers watch to see how no-tipping policies impact profits, labor litigation

By Stephanie N. Grimoldby | Dec 28, 2015

As the calendar moves into 2016 and beyond, the hospitality industry could see a growing shift among restaurants to no-tipping policies, should restaurateurs across the country see many happy returns for the handful of dining establishments that have already eliminated tipping – and see whether the change might help delete lawsuits over the treatment of tipped employees from the country’s litigation menu.

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