A former employee of a tree service company has filed a lawsuit against his previous employer, alleging violations of labor laws concerning overtime pay. Esteban Rodriguez Reyes initiated the complaint on March 28, 2025, in the United States District Court for the Northern District of Illinois, Eastern Division, targeting John’s Pro-Tree Service, Inc., and its owner John Baio.
The lawsuit claims that from 2020 to 2023, Reyes worked as a tree climber, trimmer, and driver for the defendants in Mokena, Illinois. He asserts that he regularly worked over forty hours per week without receiving the legally mandated overtime compensation. According to Reyes, his typical workweek spanned six days with shifts extending from early morning until late evening. Despite this demanding schedule, he was compensated at his standard hourly rate of $23 to $25 per hour for all hours worked beyond forty per week. The complaint alleges that payments were often made through off-payroll checks and unreported cash transactions.
Reyes contends that these practices violated both the Fair Labor Standards Act (FLSA) and the Illinois Minimum Wage Law (IMWL). The FLSA mandates overtime pay at one and one-half times the regular rate for hours exceeding forty in a workweek. Similarly, the IMWL requires similar compensation structures. The plaintiff accuses John’s Pro-Tree Service and Baio of willfully neglecting these legal obligations by not maintaining accurate payroll records or providing wage stubs.
Reyes is pursuing collective action status under the FLSA on behalf of himself and other similarly situated employees who experienced similar treatment over the past three years. He argues that numerous current and former employees would benefit from joining this lawsuit to seek justice for unpaid wages.
In terms of relief sought from the court, Reyes demands judgment for unpaid overtime compensation calculated at one and one-half times his regular hourly rate for all excess hours worked. Additionally, he seeks liquidated damages equivalent to unpaid overtime amounts under federal law and statutory damages amounting to three times the unpaid overtime under state law. Furthermore, Reyes requests statutory interest damages at five percent per month on underpayments alongside reasonable attorney fees and costs incurred during litigation.
Representing Esteban Rodriguez Reyes is attorney Timothy M. Nolan from Nolan Law Office based in Chicago. The case is presided over by judges assigned within Case No. 1:25-cv-3360.