A former employee has taken legal action against a local Illinois restaurant, accusing it of violating federal and state labor laws by failing to pay overtime wages. The complaint was filed by Marino Esquivel Leon on January 13, 2025, in the United States District Court for the Northern District of Illinois against Kief’s Reef, Inc., and its owner Randall O. Kief.
Marino Esquivel Leon, who worked as a cook and food preparer at Kief’s Reef from May 2023 to January 2024, alleges that the defendants failed to compensate him and other similarly situated employees for overtime hours worked beyond the standard 40-hour workweek. According to the lawsuit, this failure constitutes a breach of both the Fair Labor Standards Act (FLSA) and the Illinois Minimum Wage Law (IMWL). The plaintiff claims that he regularly worked over 52 hours per week but was only paid his regular hourly rate without any overtime premium. The complaint further accuses Kief’s Reef of implementing a dual wage payment scheme where part of the wages were paid "under the table" in cash, circumventing tax obligations and avoiding proper compensation for overtime hours.
Esquivel Leon's attorney, Timothy M. Nolan from Nolan Law Office in Chicago, asserts that this practice was not only illegal but also willful on the part of Kief’s Reef and its owner. The complaint states that "Defendants knew or should have known that their illegal wage and hour practices violated the FLSA." Furthermore, it is alleged that these practices were consistent across all non-exempt kitchen staff employed by Kief’s Reef during the last three years prior to filing the suit.
The plaintiff seeks collective action status under FLSA provisions to include other affected employees in his lawsuit. He demands unpaid overtime compensation calculated at one-and-a-half times his regular pay rate for all excess hours worked beyond forty per week. Additionally, Esquivel Leon requests liquidated damages equal to unpaid overtime compensation, statutory damages amounting to three times unpaid overtime under IMWL provisions, statutory interest damages at five percent per month on underpayments, as well as reasonable attorney fees and costs incurred during litigation.
Representing Esquivel Leon is attorney Timothy M. Nolan from Nolan Law Office. The case has been assigned Case No. 1:25-cv-330 with proceedings taking place before judges yet unnamed.