Brenda Brown v Wolin & Levin, Inc. and Robert Levin

FLSA/FMLA, W.C. Retaliatory Discharge, and much more!


This complaint against a prominent Chicago Property Management Firm involves everything from Illinois Minimum Wage Law violations, to what is now known as "wage theft," i.e. the Illinois Wage Payment and Collection Act. It states a count retaliatory discharge pursuant to the Worker's Compensation Act; unpaid overtime wages, i.e. Fair Labor Standards Act violations, discrimination in violation of the Family Medical Leave Act, and last and least, a count under the rarely used Attorney's Fee in Wage Case Act. Note that some might believe the latter count has become practically useless with the 2011 amendments to the Illinois Wage Payment and Collection Act, as the amended Act allows for attorney's fees, just as most other wage statutes do. However, it should nonetheless be plead, and its prerequisites to doing so complied with when practical, in this attorney's opinion.

The case is currently bogged down in discovery disputes and has been sent to the Magistrate Judge pursuant to an Executive Order of the Court, apparently as a result of Plaintiff's alleged failure to comply with discovery dates.

Your comments on the pleading are welcome and would be appreciated.

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Reference Info:Pleadings | Federal, 7th Circuit, Illinois | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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