Michael Bick has filed a class action lawsuit against Alton Steel, Inc., accusing the company of failing to pay overtime wages in accordance with federal law. The complaint was lodged on Oct. 30 in the United States District Court for the Northern District of Illinois by Michael Bick on behalf of himself and other similarly situated employees. The lawsuit claims that Alton Steel did not properly calculate overtime pay by excluding shift differentials and bonuses from the regular rate of pay, which is a violation of the Fair Labor Standards Act (FLSA).
According to the complaint, Michael Bick worked as a forklift operator and truck driver for Alton Steel from August 2007 through January 2024. He alleges that during his employment, he was entitled to overtime compensation at a rate of 1.5 times his regular rate of pay for hours worked beyond 40 per week. However, Bick contends that Alton Steel failed to include additional forms of remuneration such as shift differentials and bonuses when calculating this rate. "Defendant’s shift differentials, bonuses, and other remuneration do not fall within any of the statutory exclusions from the regular rate," states the complaint.
The lawsuit further argues that this miscalculation resulted in employees being underpaid for their overtime work. It cites specific instances where Bick's overtime rate did not account for these additional payments, leading to violations of FLSA provisions. For example, during a pay period in December 2023, Bick received a base hourly rate plus shift differential and bonus pay; however, his overtime was calculated solely on his base rate.
Bick seeks collective action status for all current and former hourly employees who worked at Alton Steel over the past three years and were subject to similar payment practices. The plaintiff is asking for back pay owed due to these alleged violations along with liquidated damages equal to that amount. Additionally, he requests attorney's fees, costs associated with bringing forth this legal action, pre-judgment and post-judgment interest, as well as any other relief deemed appropriate by the court.
Representing Michael Bick are attorneys Jesse L. Young and Kevin J. Stoops from Sommers Schwartz P.C., along with Jonathan Melmed and Laura Supanich from Melmed Law Group P.C. The case has been assigned Case ID: 1:24-cv-11187 but no judge has been named yet.