EAST ST. LOUIS - Former Route 13 Diner cook Dorrine Douglas claims owner Jimmy Johnson failed and refused to pay overtime for working in excess of 40 hours a week.
Her counsel Nathan Volheim of Lombard sued Johnson and the diner at U.S. district court on Oct. 31, alleging violation of state and national laws.
He proposed a class action for all current and former employees who were not compensated overtime wages for hours in excess of 40.
Volheim claimed Johnson hired Douglas in or around February 2022.
He claimed she worked 123.25 hours from Dec. 1 to 14, and Johnson designated all the hours as regular at $16 an hour.
He also claimed she worked 104 hours from Dec. 29 to Jan. 11 and 99.25 hours from May 5 to 17, but she was not paid overtime.
Volheim alleged Johnson had a pattern and practice of not paying cooks overtime.
He claimed Douglas engaged in protected activity by complaining to supervisors about wage violations.
She then allegedly received a text stating she would be taken off of the schedule.
Volheim claimed the message threatened her livelihood, and she became concerned and anxious.
“Fearing that she would be terminated and not wanting a termination on her resume, she was left with no choice but to be constructively discharged on or around Aug. 11,” he wrote.
Volheim alleged Johnson owed Douglas lost wages and liquidated damages.
He claimed federal law protected her from retaliation as a result of her inquiries about wages.
The suit states that Douglas suffered and continues to suffer loss of employment, income, and benefits.
It adds that she suffered and continues to suffer mental anguish, distress, humiliation, and loss of enjoyment of life.
Volheim requested judgment in the amount of one and a half times regular pay for excess hours and liquidated damages equal to the amount found due.
The court clerk randomly assigned U.S. Magistrate Gilbert Sison, who will preside unless a party declines consent to magistrate jurisdiction.
If that happens the clerk will assign a district judge.