Welcome Inn labor case could settle
The latest filing in a Welcome Inn labor case indicates a settlement has been offered by the defendants.
A case updated posted on LexisNexis Jan. 31 states, “Telephonic status conference held with counsel for Plaintiff, John Ireland, and defense counsel, Kevin Doherty and Thomas Luetkemeyer. The Court notes that Defendant Welcome Inn Hotel Management, Inc. is no longer a party in this case. It was not listed in the most recent Amended Complaint. Clerk is directed to remove Defendant Welcome Inn Hotel Management, Inc. from the docket.”
It continues, “The parties have entered into a tolling agreement which will toll the statute of limitations pending mediation. Defendants have proposed a settlement document to Plaintiff. Plaintiff was not in agreement with the structure, but has provided an alternative settlement document to Defendants. Discussions are proceeding and counsel requests additional time to reach an agreed settlement document. Several pending motions are fully briefed and pending.”
As previously reported, four owners of a Welcome Inn located in Illinois are being sued for allegations of violating that state’s Fair Labor Standards Act (FLSA).
Plaintiffs April R. Brasher and Richard M. Orencia, individually and on behalf of all persons similarly situated as collective representative under and/or as members of the Collective as permitted under the Fair Labor Standards Act, filed a lawsuit against Quincy Properties LLC, doing business as “Welcome Inn” and Welcome Inn Hotel Management, Inc. and Brett Burge, Kenneth Logan, Quentin Kearney and Joe Wimberly as individuals under FLSA and Illinois Wage Laws.
Court documents allege that the plaintiffs are seeking unpaid overtime, monetary damages, declaratory and injunctive relief and other equitable and ancillary relief, pursuant to the Fair Labor Standards Act.
The plaintiffs allege individually and on behalf of themselves and other similarly situated current, former and future misclassified “salaried” employees of the defendant that they, under both federal and state wage laws, were/are misclassified due to the misclassified employees lacking “Exempt” duties and/or the “Exempt” duties (if any) are overwhelmed by the non-exempt duties and/or loss of exemption due to deductions from salaries of the employees.
Brasher also brought a claim of wage retaliation, as her termination was the direct result of her complaining about the illegal wage deduction and/or overtime wages defendants threatened to impose on her, which is illegal to terminate an employee on those complaints under FLSA, IMWL and IWPCA.
Quincy Properties has a policy and procedure of classifying many (most) its employees as being “salaried” despite those most of those employees1 having few or no actual “salaried” work duties, the complaint alleges.
The most recent court update notes, “Telephonic status conference to discuss status of settlement documents and mediation scheduled Wednesday, May 2, 2018, at 1:30 p.m. before Magistrate Judge Schanzle-Haskins.