A class action lawsuit has been filed against a prominent food and beverage supplier, accusing the company of failing to pay overtime wages and violating biometric privacy laws. Raheem Muhammad initiated the complaint on December 10, 2024, in the United States District Court for the Northern District of Illinois against Berner Food & Beverage, LLC.
Raheem Muhammad, representing himself and other similarly situated employees, alleges that Berner Food & Beverage failed to compensate its employees adequately for overtime work as required by the Fair Labor Standards Act (FLSA). According to the complaint, Muhammad worked as a forklift operator at Berner's Dakota, Illinois warehouse from November 2023 until May 17, 2024. During his employment, he claims to have frequently worked over 40 hours per week without receiving proper overtime pay. The lawsuit argues that Berner did not include bonuses in calculating overtime rates, which constitutes a violation of FLSA regulations. The complaint also highlights that Berner’s payroll system did not incorporate various forms of remuneration into regular rate calculations for overtime pay.
In addition to wage violations, the lawsuit accuses Berner Food & Beverage of infringing upon the Illinois Biometric Information Privacy Act (BIPA). The company allegedly used a biometric time-tracking system requiring employees to use facial recognition scans without obtaining informed consent or providing necessary disclosures about data collection and retention policies. BIPA mandates that companies must inform individuals about data collection purposes and obtain written consent before collecting biometric information. Muhammad asserts that Berner failed to adhere to these requirements and did not establish a publicly available policy for retaining or destroying biometric data.
The plaintiffs are seeking several forms of relief from the court. They demand unpaid wages with liquidated damages under FLSA provisions and statutory damages under BIPA—$1,000 for each negligent violation or $5,000 for each willful violation. Additionally, they request injunctive relief compelling Berner to comply with BIPA regulations moving forward. The plaintiffs also seek attorney fees and costs associated with pursuing this litigation.
Representing Raheem Muhammad in this legal battle are attorneys Jesse L. Young from Sommers Schwartz P.C., based in Kalamazoo, Michigan; Jonathan Melmed; and Meghan Higday from Melmed Law Group P.C., located in Los Angeles, California. The case is presided over by an unnamed judge under Case ID: 124cv12841.