In a compelling legal battle that could impact numerous employees, three individuals have taken a stand against their former employer, alleging serious violations of labor laws. On February 28, 2025, Cesar Paniagua, Devon Eaton, and Kellie Russell filed a complaint in the United States District Court for the Northern District of Illinois against Smoke Post and its various LLCs along with two individuals, Dimitri Grozdov and Smadja Elad. The plaintiffs accuse the defendants of failing to pay due overtime wages as required by law.
The lawsuit details how the plaintiffs, who worked at different Smoke Post locations across Chicago, were systematically denied overtime compensation despite regularly working over 40 hours per week. According to the complaint, this was achieved through a deceptive payroll practice where employees were paid from different payrolls for work done at different locations within the same week. This practice allegedly allowed Smoke Post to circumvent federal and state wage laws designed to protect workers' rights. The plaintiffs argue that such actions are in direct violation of the Fair Labor Standards Act (FLSA), Illinois Minimum Wage Law (IMWL), and Chicago Minimum Wage Ordinance (CMWO).
Cesar Paniagua was employed from July 2023 to September 2024, Devon Eaton from March 2021 to February 2024, and Kellie Russell has been an employee since July 17, 2023. They claim that they were engaged in customer service and clerical tasks under the direction of management but were only compensated at straight-time rates without overtime pay for hours exceeding forty per week. "Defendants consistently assigned Plaintiffs to work as many as 25 hours or more at one location and another 25 hours or more at another during the same workweeks," states the complaint.
The plaintiffs are seeking several forms of relief from the court. They demand back pay for unpaid overtime compensation dating back two years before filing this complaint. Additionally, they seek liquidated damages equal to unpaid compensation amounts due to what they allege as willful violations by their employer. They also request reasonable attorney’s fees and costs incurred due to these alleged violations.
The case is being handled by John W. Billhorn of Billhorn Law Firm on behalf of the plaintiffs. It is presided over by an unnamed Honorable Judge in the Northern District of Illinois under Case ID: 1:25-cv-02120.