Arunin et al. v. Oasis Chicago Inc. et al, No. 14 cv 06870
Mar 04, 2016OUTCOME: Summary judgement granted in favor of her clients.
Choate Herschman won their summary judgment motion filed on behalf of their clients, delivery drivers for a restaurant, who the Court found were employees entitled to minimum wage and overtime. The cli ... ents were low-income plaintiffs who brought an FLSA and IMWL action for not being paid minimum wage or overtime, among other violations, against their former employer restaurants, Oasis Chicago Inc. (d/b/a Butterfly Sushi and Thai Restaurant). Choate Herschman argued the delivery drivers were employees while Butterfly argued they were independent contractors. Judge Coleman ruled that the plaintiffs were in fact employees of the restaurant. She further found that Butterfly failed to qualify for tip credit or meal credit. Finally, she held that Butterfly "fail[ed] to present evidence creating an issue of fact as to damages." Thus, the drivers are owed their unpaid wages, and an additional amount in liquidated damages with reasonable attorneys' fees.
