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COOK COUNTY RECORD

Thursday, November 14, 2024

Plaintiff alleges former employer One Rail Group violated wage laws

Federal Court
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Edmond E. Chang, Judge at USDC Northern District Illinois | https://www.ali.org/media/

David Fuller has filed a class action lawsuit against One Rail Group, LLC, alleging the company violated federal and Illinois wage laws by failing to pay employees their rightful wages. The complaint was filed on November 7, 2024, in the United States District Court for the Northern District of Illinois. Fuller claims that One Rail Group implemented policies that resulted in unpaid wages and seeks to recover these along with penalties and attorney fees.

The case centers around allegations that One Rail Group failed to compensate its employees for overtime work as required under the Fair Labor Standards Act (FLSA), the Illinois Minimum Wage Law (IMWL), and the Illinois Wage Payment and Collection Act (IWPCA). According to Fuller, who worked as a non-exempt laborer from April 2023 to July 2024, he regularly clocked over 50 hours per week but was not paid accordingly. The lawsuit asserts that One Rail did not account for travel time when calculating overtime hours, thus violating wage laws. "One Rail's failure to include travel time in Plaintiff’s and the Collective Members’ hours worked for the purpose of computing their overtime compensation resulted in violations," states the complaint.

Fuller also accuses One Rail of making unauthorized deductions from employee wages for miscellaneous items without obtaining written consent, contravening IWPCA regulations. These deductions allegedly included costs related to tools necessary for job performance, which should have been reimbursed by the employer. "By passing along business expenses...in the form of miscellaneous deductions, One Rail has violated the IWPCA," Fuller argues.

The plaintiffs are seeking several forms of relief from the court: certification of this lawsuit as a class action; appointment of Fuller as class representative; recovery of unpaid wages with interest; reimbursement for unauthorized deductions; and coverage of legal costs including attorney fees. Additionally, they demand pre-judgment and post-judgment interest on any awarded amounts.

Representing David Fuller are attorneys Michael L. Fradin from Athens, Ohio, and James L. Simon from Chagrin Falls, Ohio. The case is yet to be assigned a judge or jury panel under Case ID 1:24-cv-11518.

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