What is the investigation about?

Head Law Firm, LLC represents a former Catering Chef Manager who was paid a salary but denied overtime because Creative Dining Services classified and treated the position as ineligible for overtime pay under the law. The firm is investigating whether he and others in similar positions, paid as salaried but ineligible to receive overtime pay, were improperly denied overtime . Specifically, the firm is investigating whether those positions were misclassified as ineligible for overtime (i.e., misclassified as “exempt” from the overtime laws), resulting in the individuals who worked in those positions not being paid any overtime compensation for working more than 40 hours in a work week. Whether or not those positions were properly classified depends on the job duties performed in those positions, not whether they were paid by salary — individuals in those positions may be entitled to overtime, because even salary-paid workers are owed overtime if their employer cannot prove that their duties satisfy an exemption from paying overtime.

The allegations, which the plaintiffs will have to prove at a trial if this case is filed, would seek recovery on behalf of all salaried Chef/Catering/Production/Kitchen managers who worked for Creative Dining Services in one of those salary-paid positions at any time within the last three years.

What do I have to do if I decide I want to join the case?

Anyone who worked in one of those salary-paid department manager for Creative Dining Services, paid as if ineligible to receive overtime compensation for working more than 40 hours in a week, is eligible to submit a signed Consent form to Plaintiff’s attorneys for review and potential filing if and when the case gets filed. The court, in that circumstance, would decide whether to certify the case as a class and/or collective action, and would decide continued eligibility to remain in the case.

Anyone who so chooses may electronically sign and submit a Consent form directly online by clicking HERE. They may also print out the form, sign it, and mail it to Plaintiffs’ attorneys at Head Law Firm, LLC, 4422 N Ravenswood Ave, Chicago, IL 60640.

If you decide to submit a Consent form, it is important to sign and return the Consent form as quickly as possible because the time period for your potentially recoverable back wages will depend on when this form is filed in a court proceeding.

Will this cost me anything if I join the case by submitting a Consent?

You will not pay anything to join this case if you submit a Consent to be represented by Plaintiff’s attorneys, who are handling this case on a contingency fee basis. That means Plaintiffs’ attorneys will only be paid if they win the case and recover money on your behalf by settlement or judgment. Plaintiff’s attorneys are advancing all costs and expenses of litigation for those they represent, the repayment of which may be contingent on the outcome of the case. Under applicable law, if Plaintiffs prevail in this case, Plaintiffs will seek to have Defendant pay an amount for Plaintiffs’ attorney’s fees and advanced litigation costs and expenses in addition to the amounts allegedly owed to Plaintiffs, and Plaintiffs’ attorneys will be paid from the recovery amount. If Plaintiffs’ attorneys do not succeed in obtaining a recovery on your behalf in this case, you will not owe Plaintiffs’ attorneys anything, and you will not owe Defendant any of its attorney’s or expert fees.

Can I be fired for joining or participating as a witness?

The law prohibits employers, or their agents, from firing, harassing, discriminating, or retaliating against an individual for filing a complaint and/or taking part in a case for overtime back wages.

For further information, please feel free to reach out to C. Andrew Head, the lead attorney on the case, at 404-924-4151 x101.