Heron Rivera has filed a lawsuit against his former employer, a Chicago-based bar and restaurant, alleging failure to pay overtime wages. The complaint was lodged in the United States District Court for the Northern District of Illinois on November 6, 2024, targeting Mory’s Ltd., doing business as Pippin’s Tavern. Rivera accuses the establishment of violating multiple labor laws by not compensating him for hours worked beyond the standard 40-hour workweek.
Rivera began his tenure at Pippin’s Tavern as a General Manager on January 1, 2023, with an annual salary of $80,000. Despite his managerial title, Rivera claims he lacked real supervisory power and was restricted from making key decisions such as hiring or firing staff. His responsibilities were limited to minor tasks like directing employees to clean or offering customer discounts. Rivera alleges that due to understaffing issues at the tavern, he often had to perform duties outside his job description, including serving tables and bartending.
Throughout his employment, Rivera frequently worked over 40 hours per week without receiving appropriate overtime compensation. He reports working shifts of up to 12 hours five days a week and sometimes clocking between 60 to 70 hours weekly. Specific instances cited include working over 70 hours during the week of March 13-19, 2024. Rivera resigned from his position on June 4, 2024.
The lawsuit claims that Rivera's job duties made him eligible for overtime pay under federal and state laws. The complaint highlights violations of the Fair Labor Standards Act (FLSA), Illinois Minimum Wage Law (IMWL), and Chicago Minimum Wage Ordinance (CMWO). These laws mandate that non-exempt employees receive one-and-a-half times their regular hourly rate for any hours worked beyond a standard workweek.
Rivera seeks various forms of relief from the court: unpaid overtime wages, liquidated damages, statutory interest and penalties, reasonable attorneys’ fees, and any other relief deemed appropriate by the court. The case underscores ongoing issues related to wage theft in industries reliant on salaried positions where actual job duties do not align with exempt status criteria.
Representing Heron Rivera are attorneys Wayne Garris and Max Barack from The Garfinkel Group LLC. The case is being heard in front of judges at the United States District Court for the Northern District of Illinois under Case ID No. 24-cv-11488.