Sergio J. Salgado has taken legal action against his former employer, alleging a significant violation of labor laws. On April 4, 2025, Salgado filed a complaint in the United States District Court for the Northern District of Illinois against The Little Gem, Inc., which operates as The Little Gem Café. This lawsuit centers on accusations that the café failed to compensate him appropriately for overtime work.
The complaint outlines that Salgado was employed by The Little Gem Café from September 2023 until February 15, 2024. During this period, he regularly worked up to 55 hours per week but was paid only his standard hourly rate for all hours worked beyond the typical 40-hour workweek. This alleged failure to pay overtime wages at a premium rate is claimed to be in direct violation of both the Fair Labor Standards Act (FLSA) and the Illinois Minimum Wage Law (IMWL). According to these laws, employees are entitled to one and one-half times their regular pay rate for any hours worked over 40 in a week.
Salgado's complaint asserts that The Little Gem Café not only failed to adhere to these regulations but did so willfully. "Defendant’s failure and refusal to pay overtime wages for time worked in excess of 40 hours per week was a willful violation," states the document. It further alleges that this practice affected not just Salgado but other kitchen staff members as well. By handling goods and materials involved in interstate commerce during his employment, Salgado's role at the café also falls under federal jurisdiction as outlined by FLSA standards.
In seeking justice, Salgado is requesting several forms of relief from the court. He demands compensation equivalent to one and one-half times his regular hourly wage for all overtime hours worked within three years prior to filing this lawsuit due to what he claims is a willful breach of labor laws by his former employer. Additionally, he seeks liquidated damages equal to unpaid overtime compensation and reimbursement for attorney fees and costs incurred through this legal process.
Representing Sergio J. Salgado is Carlos G. Becerra from Becerra Law Group, LLC based in Chicago, Illinois. As this case unfolds under Case ID: 1:25-cv-03679 before judges yet unnamed in public records, it underscores ongoing issues related to fair labor practices within industries reliant on hourly workers.