EDWARDSVILLE - A group of employees are suing their East Alton employer, alleging they were required to work for one hour while off the clock each day, violating state overtime laws.
Plaintiffs Donnie Wittman, Corliss Mitchell, Dedria Cooley, Myldrine Clark and Robert Hartman, Jr. filed the lawsuit in the Madison County Circuit Court against Olin Winchester, LLC.
According to the complaint, Olin Winchester had a policy that required some of its employees to work one hour without pay. The plaintiffs claim that the hour they worked wasn’t counted toward their overtime pay for their time worked over 40 hours each week. As a result, they claim they were not compensated for a time-and-a-half wage for those hours.
The plaintiffs and other employees in the same situation approached Olin about the policy. They claim Olin acknowledged that the policy was against the law but failed to change the policy or pay the workers for their time.
“Instead of paying the plaintiffs and other similarly situated employees legally required wages and overtime, defendant Olin unlawfully converted those wages to its own use and benefit,” the suit states.
The plaintiffs allege violations of the state’s minimum wage law, violations of the Illinois Wage Payment and Collection Act (IWPCA), unjust enrichment, willful and wanton negligence and conversion.
Citing the IWPCA, the plaintiffs maintain that any employee not paid in a timely fashion can take legal action and be entitled to recover costs and any “reasonable” legal fees.
The lawsuit asks the court to pay each plaintiff the overtime wages owed, plus punitive damages, costs and “any further relief the court deems just and proper.”
The plaintiffs are represented by Mark Schuver of Mathis, Marifian & Richter, Ltd. in Belleville.
Madison County Circuit Court case number 22-LA-448