12 May 2016
12 May 2016,
 0

On Tuesday, April 26, 2016, Alejandro Caffarelli and Alexis Martin of Caffarelli & Associates Ltd. tried a case before the Honorable Magistrate Judge Soat Brown in the District Court for the Northern District of Illinois. Mr. Caffarelli and Ms. Martin represented Plaintiff Juan Valentin Hernandez against The View restaurant, the Defendant. Mr. Hernandez was a former cook for the View who was paid a fixed salary instead of on an hourly basis, and who regularly worked in excess of 40 hours per week. The day-long bench trial focused on whether the Defendants had failed to pay the Plaintiff overtime wages, in violation of the federal Fair Labor Standards Act (FLSA) and Illinois Minimum Wage Law (IMWL). On May 11, 2016, the Court issued a decision in favor of Mr. Hernandez, holding that “[a]n employer cannot lawfully agree with its employees that they will receive the same sum, comprising both straight time and overtime compensation, in all weeks without regard to the number of overtime hours worked in any workweek. 29 C.F.R. ยง 778.500(b). Likewise, an employer does not comply with the law by paying a fixed salary or paying a lump sum for overtime.” Caffarelli & Associates Ltd. is proud to represent employees from all walks of life, from restaurant workers to Fortune 50 executives. For a copy of the Court’s opinion, or for further information about the trail or any other matter, please contact the Firm at (312) 763-6880.

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