In the United States District Court for the Northern District of Illinois, plaintiff Benjamin Mathes has filed a collective action complaint against Hearthside Food Solutions, LLC. The case, identified as 1:24-cv-03747, was filed on May 8, 2024. Mathes alleges that the defendant failed to pay overtime wages and seeks recovery of unpaid overtime wages, liquidated damages, interest, attorney’s fees, costs, and other relief under the Fair Labor Standards Act (FLSA).
Mathes was employed by Hearthside Food Solutions from October 23, 2023 through January 31, 2024. He alleges that despite being a non-exempt employee with an hourly rate of $18.50, he did not receive full compensation for all overtime hours worked at a rate of 1.5 times his regular rate of pay. Hearthside Food Solutions is a Delaware limited liability company with its headquarters in Downers Grove, Illinois.
The plaintiff argues that under FLSA regulations the regular rate is crucial to calculating the correct overtime rate. He further states that no matter how an employee is paid—whether by the hour or otherwise—the employee’s compensation must be converted to an equivalent hourly rate from which the overtime rate can be calculated.