A new class action lawsuit accuses Des Plaines based M&M Transportation of improperly classifying its drivers as independent contractors under Illinois labor law, allegedly wrongly depriving its drivers of wages and other benefits.
Zebedee Turner, on behalf of himself and others. filed a new class action lawsuit in Cook County Circuit Court on April 25 against M & M Limousine Service, Inc., M & M Transportation Services LLC, and Mindaugas Susinskas (M&M inclusive). The lawsuit accuses M&M of multiple alleged violations under the Illinois Wage and Payment and Collection Act for alleged improper worker classification and alleged wage and gratuity misappropriation.
In the complaint, Turner is alleging M&M is in violation of the IWPCA. Turner stated that M&M improperly classified him and others as independent contractors even though they allegedly do not meet the criteria to be classified as such. He alleges that M&M did not pay overtime wages for hours worked over 40 hours and deducted unspecified amounts from driver paychecks that allegedly were not authorized.
Most drivers are entitled to and receive tips from their clients. Tips were paid to the company and remitted to the driver. Turner asserts that M&M retained portions of those gratuities, allegedly in violation of state laws.
According to the complaint, M&M directs and manages driver activity. M&M allegedly levies fines and penalties against a driver's paycheck for things like damage to the vehicle, moving violations, failure to refuel their vehicle and dress code violations, among other alleged infractions. Turner claims the company allegedly withdrew unauthorized deductions from drivers' paychecks routinely.
Additionally, according to the complaint, many drivers, including Turner, are paid on average about $17 per hour, plus tips. Turner also stated that he worked over 40 hours a week on certain weeks, and should have been entitled to overtime pay. Turner alleges M&M wrongly withheld overtime pay for hours worked, because the company allegedly designated him and other drivers as independent contractors.
According to its webstie, Des Plaines-based M&M is one of the largest company-owned limo fleets in the Midwest, growing from one Lincoln Town Car in the year 2000. M&M offers luxury transportation services including sedans, stretch limos, limousines, party buses and vans.
Three years ago,M&M faced a lawsuit from the U.S. Equal Employment Opportunity Commission over allegations M & M refused to hire a disabled applicant. According to the complaint which settled out of court that same year for $30,000, M&M allegedly told the applicant they could not hire him because he was deaf, even though the EEOC asserted the applicant was adequately qualified to do the job with reasonable accommodations.
The plaintiffs in the new lawsuit are requesting actual and liquidated damages, including penalties, lost wages, payroll deductions, unremitted gratuities, court costs and legal fees.
Plaintiffs are represented by attorneys James B. Zouras, of the firm of Stephan Zouras, of Chicago; and Hillary Schwab, Rachel Smit and Brant Casavant, of Fair Work P.C., of Boston.