Employees File Class Action Lawsuit Against Elmhurst District 205

Elmhurst Unit District 205 has until July 25 to file a response to a class action lawsuit filed by former and current administrative personnel employed by the district over the last six years.

Attorney Terrence Buehler, of the Daniel G. Austin Law Group LLC in Chicago, filed the suit in U.S. District Court March 22 on behalf of Suzanne S. Holler and Mary A. Caliri, and other past and present "similarly situated employees."

The suit alleges the district owes the employees unpaid wages and overtime, and is in violation of the Fair Labor Standards Act, the Illinois Minimum Wage Law, and the Illinois Wage Payment and Collection Act.

According to the suit, the plaintiffs, whose duties included payroll and human resources, "routinely worked in excess of 40 hours per week" and the School District "willfully and improperly" designated their positions as exempt from overtime pay.

The suit states the action is in violation of the Fair Labor Standards Act, which states an employee must be paid overtime equal to 1 1/2 times the employee's regular rate of pay for all hours worked in excess of 40 per week.

The suit also states that the district formerly paid overtime to administrative personnel, but "made a unilateral decision to stop paying nonexempt employees for their overtime work."

Plaintiffs also are alleging the district at some point began calculating their pay based on 37 1/2 hours a week instead of 40.

"At some point in the past, defendant made the unilateral decision to stop paying plaintiffs for their work for this 2 1/2 hour period," the suit states. It also alleges the district failed to keep records of hours worked.

The class includes "all individuals who were employed by the defendant as administrative personnel … at any time during the relevant statue of limitations period who worked between 37.5 and 40 hours in a week and did not receive their regular hourly rate of pay" or who worked more than 40 hours without overtime.

The suit claims there are about 30 administrative personnel employed by the district over the past six years who fall into this category.

The suit seeks "a sum that will properly, adequately and completely compensate plaintiffs for the nature, extent and duration of their damages," including interest on pay that was not received. The suit also asks for the district to pay all attorney's fees and costs related to the claim.

A pretrial conference is set for Aug. 6.

District 205 Superintendent David Pruneau said Wednesday that school officials will not comment on pending litigation.