Legal Battles and Collective Action
The case first gained momentum in November 2020, when an Illinois federal judge found that the plaintiffs had potentially shown violations of the FLSA and Illinois wage laws, conditionally granting class certification.
In April 2022, deli and hot foods manager Sherie Pletsch filed a similar lawsuit, which was later consolidated under a conditional collective certification. Mariano’s attempted to decertify the collective, but Judge Kennelly rejected the motion in August, noting that differences in duties cited by the company did not negate the claims.
Settlement Details
The $3.3 million settlement, finalized in January following October mediation and subsequent negotiations, ensures the average plaintiff will recover roughly $20,000 after attorney fees and costs. According to the plaintiffs, the agreement is a “substantial recovery” and a better alternative to the uncertainties of a trial, including disputes over liability, hours worked, and calculation of unpaid overtime.
Plaintiffs emphasized that the settlement was reached after five years of litigation, extensive discovery, and expert depositions, giving both sides ample opportunity to evaluate the merits of the claims and defenses.
“The settlement here provides a meaningful and guaranteed benefit to all plaintiffs while enabling all parties to avoid the burdens of continued litigation,” the plaintiffs said. They also noted the deal aligns with the FLSA’s remedial purpose without imposing undue obligations on Mariano’s.
