Chicago – Attorney General Kwame Raoul today announced a $250,000 settlement with Direct Food Service Inc. (DFS), a finished meal producer based in Wood Dale, Illinois that provides meals to airlines, trains, schools and health care facilities. If approved by a judge, the settlement resolves allegations that DFS deprived employees of overtime wages by paying workers at their regular rate of pay for all time worked, including all hours worked above 40 per week, in violation of state law.
“Any company doing business in the state of Illinois must follow laws that require employees to be fairly paid for the time they work,” Raoul said. “This settlement sends a message that employers cannot get away with evading Illinois law. I am committed to holding businesses – large and small – accountable for violating laws that safeguard workers and support law-abiding businesses in Illinois.”
The Attorney General’s investigation revealed that, between at least December 2019 and December 2023, DFS failed to pay overtime wages at 150% of employees’ regular hourly rate for all hours worked above 40 per week. Instead, DFS paid all hours worked at employees’ regular rate of pay. In many cases, DFS hid violations by failing to display the employees’ actual hours worked on their paystubs. The Illinois Minimum Wage Law requires an overtime premium of 150% of regular hourly wages for each hour over 40 worked in a single workweek.
Once it is approved by the court, Raoul’s settlement will allow 52 current and former impacted employees to recover over 160% of their owed wages. The consent decree also requires DFS to overhaul its practices, including maintaining accurate time and pay records and providing workers with itemized wage statements reflecting their hours worked and proper rates of pay. Under the settlement, DFS has also agreed to monitoring by the Attorney General’s office to ensure future compliance with the law.
Assistant Attorney General Javier Castro handled the case for Raoul’s Workplace Rights Bureau.
Attorney General Raoul’s Workplace Rights Bureau protects and advances the employment rights of all Illinois residents, particularly the state’s most vulnerable residents and immigrant populations. The bureau investigates and litigates cases involving serious or persistent wage law violations or other significant employment practices, and monitors and proposes legislation concerning labor and employment issues.
Attorney General Raoul encourages workers who have concerns about wage and hour violations to call his Workplace Rights Hotline at 1-844-740-5076 or visit the office’s website to submit an online complaint in English or in Spanish.
