Opinion

Holowicki v. Lakefront Restaurant Inc., d/b/a Stellas Diner

Court
District Court, N.D. Illinois
Filed
May 14, 2019
Cited by
0 cases
Authority
More cited than 20.8%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

Erin Holowicki, )

Plaintiff, ) No. 18 C 7337

v. )

) Judge Ronald A. Guzmán

Lakefront Restaurant Inc. d/b/a )

Stella’s Diner, et al., )

Defendants. )

MEMORANDUM OPINION AND ORDER

For the reasons stated below, the motion to dismiss Count II of the Second Amended

Complaint (“SAC”) [31] is denied.

STATEMENT

Plaintiff, an employee of Stella’s Diner, brings various wage-payment violation claims

against Defendants. In the instant motion, Defendants move to dismiss Count II of the SAC,

which alleges that Defendants violated the Illinois Wage Payment Collection Act (“IWPCA”) by

agreeing to pay Plaintiff $6.75 per hour but only paying her for four hours per shift.

“[A]n IWPCA claim will fail unless the plaintiff shows that the defendants owe her

compensation pursuant to an employment agreement, which can manifest based on mutual assent

and need not involve a written contract.” Brown v. DS Servs. of Am., Inc., 246 F. Supp. 3d 1206,

1222 (N.D. Ill. 2017). “An agreement to pay what is already required by law is insufficient to

state a claim under the IWPCA.” Dougherty v. City of Chi., No. 15 C 10975, 2017 WL 5455374,

at *4 (N.D. Ill. Nov. 14, 2017).

Plaintiff alleges that:

111. Defendants agreed to pay a rate of pay to the Plaintiff; the agreement

for Plaintiff was to pay $6.75 per hour, yet by only paying 4 hours per

shift, Defendants violated that agreement, thereby paying less than the

agreed rate of pay.

112. This Agreement is both an Oral Agreement, as Defendants stated to

Plaintiff that her rate of pay would be $6.75 per hour, and a Written

Agreement, as Plaintiff’s paychecks (and likely other Defendant

documents such as payroll records) list Plaintiff’s rate of pay as $6.75 per

hour.

(SAC, Dkt. # 26, ¶¶ 111-12) (emphasis in original).

Defendants argue that Plaintiff’s claim cannot stand because she is simply alleging a

minimum-wage violation, i.e., that she was not paid for four hours of her shift, which is a

violation of the Illinois Minimum Wage Law. Plaintiff, on the other hand, contends that the

claim is based on Defendants’ failure to pay the agreed-upon $6.75 per hour, not a failure to pay

the minimum wage per hour worked.’

The Court finds that Plaintiff has stated a claim under the IWPCA. In the event the

evidence revealed during discovery demonstrates that Plaintiffs claim is actually just a claim for

failure to pay the minimum wage, then Defendants may renew their argument on summary

judgment or at trial; for now, the claim remains.

Defendants’ motion to dismiss Count II is denied.

Hho A Exo

Date: May 14, 2019 " qo *

Ronald A. Guzman

United States District Judge

' The parties appear to disagree on what the Illinois hourly minimum wage was at the

applicable time, but the Court need not resolve this discrepancy as it would require the Court to

look outside the four corners of the complaint.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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