BELLEVILLE – An employee has filed a class action lawsuit against an O'Fallon Subway restaurant, claiming the store kept workers' tips and failed to pay them overtime despite working more than 40 hours per week.
Plaintiff Matthew Connor filed a class action lawsuit in the St. Clair County Circuit Court against Anwar Bhutto and Subway, citing unjust enrichment and violations of the Illinois Minimum Wage Law and violation of the Illinois Wage Payment and Collection Act.
According to the lawsuit, Connor was hired to work as a "Sandwich Artist" at an O'Fallon Subway restaurant owned and operated by Bhutto. According to Connor, he and approximately 21 other workers at the restaurant worked from 9 a.m. to 9 p.m. which amounted to roughly 40-60 hours per week, but were not paid overtime for working more than 40 hours per week. Connor adds that while he and his fellow-coworkers were on duty, they were not paid for tips processed through the electronic non-cash payment portal.
The lawsuit states that the Illinois Minimum Wage Law requires that workers be compensated for "overtime" when working more than 40 hours per week. In addition, the Illinois Wage Payment and Collection Act requires that employers pay employees all wages during each semi-monthly period.
Connor is seeking compensation for himself and the proposed class, plus punitive damages, court costs, interest, attorney fees and any other relief the court deems proper. The plaintiff is represented by the attorneys of Chatham and Baricevic in Belleville.
St. Clair County Circuit Court case number 23LA0836