A former employee has filed a lawsuit against her previous employer, alleging violations of labor laws related to overtime compensation. Orestila Ochoa, through her legal representation at the Miller Law Firm, P.C., initiated this complaint on October 17, 2024, in the United States District Court for the Northern District of Illinois against North America Stevedoring Company, LLC.
Ochoa's complaint centers around allegations that during her tenure as an Inventory Specialist from July 2014 to August 2023, she was misclassified as an exempt employee by North America Stevedoring Company. This classification allegedly allowed the company to circumvent paying her the legally mandated overtime wages for hours worked beyond a standard 40-hour workweek. According to Ochoa, she regularly worked approximately 55 hours per week but was compensated only at her regular hourly rate of $32.55 without receiving time-and-a-half pay for overtime hours as required under both federal and state law.
The lawsuit cites violations of the Fair Labor Standards Act (FLSA) and the Illinois Minimum Wage Law (IMWL). The FLSA mandates that employees be paid one and one-half times their regular rate for any hours worked over forty in a workweek unless they are classified as exempt. Similarly, the IMWL provides protections for workers regarding minimum wage and overtime pay. Ochoa claims that North America Stevedoring Company's failure to compensate her appropriately was willful and not in good faith.
Ochoa is seeking several forms of relief from the court. She requests judgment for unpaid overtime compensation calculated at one and one-half times her regular hourly rate for all excess hours worked over forty per week. Additionally, she seeks liquidated damages equal to the unpaid overtime amount under FLSA provisions and statutory damages under IMWL equivalent to three times the unpaid overtime amount plus interest. Furthermore, she demands reasonable attorney’s fees and costs incurred during this legal action.
The case is presided over by Judge [Name Not Provided] with Richard J. Miller representing Orestila Ochoa as her attorney from Miller Law Firm, P.C., located in Schaumburg, Illinois. The case ID is 1:24-cv-10686.