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Anthony S. Walker v. Harolds Ii Bar and Grill Inc. D/B/A Harolds Chicken

October 17, 2011

ANTHONY S. WALKER, PLAINTIFF,
v.
HAROLDS II BAR AND GRILL INC. D/B/A HAROLDS CHICKEN, DEFENDANTS.



The opinion of the court was delivered by: Judge Mannning

Mag. Judge Finnegan

PLAINTIFF ANTHONY WALKER'S

JURY TRIAL DEMANDED

MOTION FOR AWARD OF DAMAGES

Plaintiff Anthony Walker, through his undersigned attorney, requests that the Court enter an order and final judgment awarding him damages and attorney's fees against Defendant Harold II Bar and Grill Inc. d/b/a Harolds Chicken (hereinafter "Harolds Chicken"). In support thereof, Plaintiff states as follows:

1. On November 30, 2010, Plaintiff filed his First Amended Complaint against Harolds Chicken (Doc. 12).

2. In his First Amended Complaint, Plaintiff set forth claims for:

a. Non-payment of wages and final compensation, including but not limited to minimum wages and overtime wages arising under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq., the Illinois Minimum Wage Law ("IMWL"), 820 ILCS 105/1 et seq., and the Illinois Wage Payment Collection Act ("IWCPA"), 820 ILCS 115/1 et seq. (First Amended Complaint, Counts IV, V and VI);

b. Retaliatory discharge under § 215(a)(3) of the FLSA, the Illinois Whistleblower Act ("IWA"), 740 ILCS 174/1 et seq., and under Illinois common law (See First Amended Complaint, Counts VII, VIII and IX);

c. Discrimination based on sex and religion under Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. sec. 2000e et seq. and 42 U.S.C. sec. 1981a (See First Amended Complaint, Counts I and II); and

d. Discrimination based on age under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. sec. 621 et seq. (See First Amended Complaint, Count III).

3. On September 26, 2011, the Court entered a default judgment against Harolds Chicken (Doc. 35).

4. Based on the allegations in the First Amended Complaint (Doc. 12) and Walker's Declaration (which is attached hereto as Exhibit A), Walker requests damages as set forth below:

A. Walker's Damages on his Count IV, V and VI FLSA, IMWL, and IWCPA Claims For Failure to Pay Wages

5. As set forth in the First Amended Complaint at paras. 20-21, Harolds Chicken did not pay Walker for his first week of work (in which he worked over 40 hours) and his last week of work. See also Walker's Declaration at paras. 7-11.

6. As set forth in Walker's Declaration at para. 7, Walker should have been paid $440.00 for the 50 hours he worked during this first week of work calculated as follows: (40 hours x $8) (10 hours x $12 (at time and a half)).*fn1 In addition, Walker should have been paid $320.00 for the 40 hours that he worked during this last week of work calculated as follows: 40 x $8.00 per hour. Walker's Declaration, at para. 11. Thus, Walker's total unpaid wages for the above mentioned period of time is $760.00. See Anderson v. Mt Clemens Pottery ...


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