In a striking lawsuit filed on December 13, 2024, two former employees have accused a local restaurant of violating federal and state labor laws by failing to pay overtime wages. Jaime Sotelo and Pedro Manuel Juarez initiated the complaint in the United States District Court for the Northern District of Illinois against 1126 Central Restaurant, LLC, operating as Napolita Pizza and Wine Bar, along with its owners Lukasz Cholodecki and Josh Schonfeld.
The plaintiffs allege that during their employment at Napolita Pizza and Wine Bar in Wilmette, Illinois, they were not compensated for overtime work as mandated by the Fair Labor Standards Act (FLSA) and the Illinois Minimum Wage Law (IMWL). According to the complaint, both Sotelo and Juarez regularly worked more than 40 hours per week but were only paid their regular hourly rate without any overtime premium. The lawsuit claims that this practice violates the FLSA's requirement to pay one-and-a-half times the regular pay rate for overtime hours. Furthermore, it is alleged that around 2022, Juarez stopped receiving even his standard pay for hours exceeding forty per week.
Sotelo's tenure at Napolita spanned from March 16, 2022, until his termination on August 14, 2024. During this period, he worked primarily as a cook while Juarez served as a kitchen helper and cook for approximately six years. Both claim they were systematically denied rightful compensation for their extensive working hours. The complaint highlights that these practices are not isolated incidents but part of a broader pattern affecting other employees similarly situated.
In addition to seeking unpaid wages under FLSA guidelines, Sotelo and Juarez are pursuing state law remedies including treble damages under the IMWL and penalties under the Illinois Wage Payment and Collection Act (IWPCA). They argue that Defendants failed to pay all wages when due according to these statutes. The plaintiffs are requesting liquidated damages equivalent to unpaid wages alongside attorney fees and court costs.
The lawsuit seeks class-action status under both federal and state laws on behalf of all similarly affected employees who worked as kitchen helpers or cooks from December 13, 2021, onwards. It estimates that at least twenty individuals may be eligible to join this collective action due to similar grievances regarding wage payment practices at Napolita Pizza and Wine Bar.
Representing the plaintiffs is attorney Jorge Sanchez from Lopez & Sanchez LLP based in Chicago. As of now, there has been no response from attorneys representing the defendants Lukasz Cholodecki or Josh Schonfeld. The case is presided over by an unnamed judge with Case ID: 1:24-cv-12816.