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Woman sues Creative Dining Services for unpaid overtime wages and disability discrimination

COOK COUNTY RECORD

Thursday, December 19, 2024

Woman sues Creative Dining Services for unpaid overtime wages and disability discrimination

Federal Court
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Plaintiff Edwina Hudson has filed a lawsuit against her former employer, Creative Dining Services, Inc. (CDS), in the United States District Court for the Northern District of Illinois, Eastern Division. The case, identified as 1:24-cv-03899 and filed on May 13, 2024, alleges unpaid overtime wages under the Fair Labor Standards Act (FLSA) and Illinois Minimum Wage Law (IMWL), along with claims of discrimination and retaliation based on a disability under the Illinois Human Rights Act (IHRA).

Hudson was employed by CDS from January 10, 2022, to December 7, 2022. She was hired as a Production Manager but claims she was misclassified as an exempt employee under FLSA and IMWL. Throughout her employment, Hudson worked between 50 to 70 hours per week without receiving overtime pay. Her primary duties included non-exempt tasks such as cooking and cleaning due to chronic understaffing at CDS's Trinity Christian College location. Hudson’s attorney is Alexandros Stamatoglou from Garfinkel Group LLC.

In addition to wage issues, Hudson experienced significant leg pain beginning in February 2022 that worsened over time. Despite notifying her supervisors and requesting a modified work schedule on December 4, 2022, she received no accommodation or engagement in an interactive process from CDS. Instead, she was terminated three days later on December 7, allegedly for performance issues—a claim Hudson asserts is pretextual.

Hudson seeks judgment for unpaid back pay with prejudgment interest under FLSA and IMWL; statutory damages; liquidated damages; treble damages; injunctive relief against further violations of FLSA; backpay and front pay for discriminatory discharge under IHRA; compensatory damages for emotional distress; reasonable attorneys' fees and costs; and any other appropriate relief.

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