Fort Dearborn is a ‘leading prime label supplier to the consumer goods marketplace’. It operates 20 facilities around the United States and Canada.
Current and former non-supervisory, hourly-paid factory production workers who worked for Defendant in the Press, Finishing, Shipping, or Quality departments at Defendant’s Palm City, Florida location at any time on or after October 12, 2017.
The Claims in the Lawsuit
The complaint alleges that Fort Dearborn Company, violated the Fair Labor Standards Act by engaging in illegal policies and practices of altering and shaving time off hourly factory workers’ time records, thereby failing to compensate them for all hours worked.
April 20, 2020: the complaint was filed in the United States District Court for the Northern District of Illinois and has been assigned to Judge Charles P. Kocoras.
November 18, 2020: a Notice of the lawsuit was sent to all current and former non-supervisory, hourly-paid factory production workers who worked for Defendant in the Press, Finishing, Shipping, or Quality departments at Defendant’s Palm City, Florida location at any time on or after October 12, 2017, who are eligible to join the case by submitting a Consent to Join form by January 2, 2021.
Frequently Asked Questions
Can Defendant discipline or fire me if I join the case?
No! The Fair Labor Standards Act prohibits retaliation and imposes harsh measures against employers who retaliate. For further information, please consult the Department of Labor’s Fact Sheet.
Will I have to testify or provide documentary proof?
Not necessarily. Many employees obtain monetary recoveries in Fair Labor Standards Act cases without ever having to appear at court or for depositions.
You are not required to provide documentary proof of your unpaid wages. In most cases, the employer is required to provide the employee’s payroll records to the employee and his or her attorney. In fact, the Fair Labor Standards Act mandates that employers keep accurate time and payroll records. The employer cannot escape this duty by requiring you as the employee to provide proof.
However, it is still important that you preserve any physical or electronic evidence relating to the case that you currently possession.
Will Brown, LLC be my attorneys?
Employees who sign Retainer Agreements and/or Consent to Sue forms will be represented by Brown, LLC with respect to the lawsuit and claims described above.
You will not be required to pay any attorneys’ fees or court costs to the Plaintiffs’ lawyers at this time and not pay any attorneys’ fees unless you prevail. Rather, in the event the Plaintiffs prevail in the lawsuit, by either judgment or settlement, the Plaintiffs’ attorneys will request that the Court order Defendant(s) to pay the Plaintiffs’ lawyers their reasonable attorneys’ fees and reimburse them for any expenses.
How long will the case take?
It is very difficult to predict exactly how long a case will take. It depends on a variety of factors including the number of parties and claims involved, the rules and pace of the court, the complexity of the proofs, and the manner in which the employer defends the case.
When and if a settlement is reached, additional time is needed to prepare settlement documents, calculate settlement allocations, and seek and await the court’s review and approval of the settlement. Wage-and-hour cases typically take 2-3 years, but this can be shorter or increase considerably.