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Lisa Mello v. Appleillinois

September 26, 2011

LISA MELLO
v.
APPLEILLINOIS, LLC



Name of Assigned Judge Sitting Judge if Other or Magistrate Judge James F. Holderman than Assigned Judge

CASE TITLE

DOCKET ENTRY TEXT

For the reasons explained in the Statement section of this order, plaintiff Lisa Mello's ("Mello") "Motion for Class Certification" [48] is denied without prejudice. The case is set at 9:00 a.m. on October 19, 2011. Counsel and the parties are encouraged to discuss settlement.

O[ For further details see text below.] Notices mailed.

STATEMENT

On June 4, 2010, plaintiff Lisa Mello ("Mello") filed a class-action complaint against AppleIllinois, LLC ("AppleIllinois"), d/b/a/ Applebee's Neighborhood Grill and Bar ("Applebee's"), based on alleged violations of the Illinois Wage Payment and Collection Act ("IWPCA"), 820 ILCS 115/5 (Count I). Currently before the court is Mello's "Motion for Class Certification" (Dkt. No. 48). For the reasons explained below, Mello's motion is denied without prejudice.

Mello worked as a server and bartender at an Applebee's restaurant in Tinley Park, Illinois for over 12 years. (Dkt. No. 12, Def.'s Answer ¶ 4.) AppleIllinois owns and operates the Tinley Park Applebee's. (Id. ¶5.) According to the complaint, between at least 1997 and 2010, AppleIllinois maintained a vacation policy for hourly employees, including Mello. (Id. ¶¶ 4, 9.)

AppleIllinois's vacation policy, which is set out in a writing attached to Mello's complaint, provides in pertinent part:

VACATION

Hourly Employees Qualified employees will be eligible for vacation benefits. Qualified employees are defined as anyone who maintains an average of at least 30 hours worked per week during the year prior to the date of eligibility for vacation. The vacation benefit is as follows:

a) One week after one year of service.

b) Two weeks after five years of service.

The amount of vacation pay will be based on your average hours worked per week during the year times your current hourly rate. Vacation pay will be calculated by the payroll department and will automatically be paid the month following your employment anniversary. . . .

Hourly employees who terminate their employment are only eligible for vacation pay if employed when the vacation pay checks are issued. No vacation pay is earned for partial years of employment. I.E. If you are employed on Feb. 1, 1998 and terminated on Dec. 1, 1998 no vacation pay is due, since you have not completed a full year of employment. On Feb. 1, 1999, if you qualify, ...


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