IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION

 

COMPLAINT 

NOW COME Plaintiffs, JUAN ZAMORA AND FRANCISCO ZAMORA, on behalf of themselves

and all other Plaintiffs similarly situated, by and through their attorney, JOHN W. 

BILLHORN, VINCENT BECKMAN, III, and AMANDA GARCIA, and for their Complaint against 

Defendant, THE BRICKMAN GROUP, LTD. LLC, state as follows: 

I. NATURE OF ACTION

1. This action is brought under the Fair Labor Standards Act, 29 U.S.C. §201, et seq., 

the Portal-to-Portal Act, 29 U.S.C. §251 et seq., the Illinois Minimum Wage Law, 820 ILCS 

§105/1 et seq., and the Illinois Wage Payment and Collection Act, 820 ILCS §115/1, et seq.

II. JURISDICTION AND VENUE

2. Jurisdiction arises under the provisions of the Fair Labor Standards Act, 29 U.S.C. 

§§ 206, 207, the Portal-to-Portal Act, 29 U.S.C. §251 et seq., the Davis Bacon Act, 

40 U.S.C. §276a, and for the supplemental Illinois statutory claims, pursuant to 28 U.S.C. 

JUAN ZAMORA, AND FRANCISCO ZAMORA, on 

behalf of themselves, and all other 

Plaintiffs similarly situated, known and 

unknown,

Plaintiffs

v.

 

THE BRICKMAN GROUP, LTD. LLC 

 

Defendants

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No. 12 cv 

Honorable Judge

Magistrate Judge 

JURY DEMAND 

 

F.R.C.P. 23 CLASS ACTION DEMAND 

 

 

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§1367. Venue lies in the Northern District of Illinois in that during all times relevant to the 

employment relationship Plaintiffs performed work in this district and are residents of this 

district and Defendant is or was engaged in business in this district. 

III. THE PARTIES

3. Defendant, THE BRICKMAN GROUP, LTD. LLC, provides landscaping and maintenance 

services on a national basis. As such, Defendant’s services qualify as an enterprise 

engaged in commerce as defined by the FLSA. During all relevant times Defendant was

acting directly or indirectly in the interest of the employer in relation to the employee 

Plaintiffs and therefore, as defined under both the federal and state statutes relied upon, 

is an “employer”.

4. Plaintiffs, JUAN ZAMORA AND FRANCISCO ZAMORA, (hereinafter “the named 

Plaintiffs”), are past employees who performed work for Defendant as landscaping and 

maintenance laborers. All other unnamed Plaintiffs known and unknown (hereinafter 

referred to as “members of the Plaintiff Class” or “similarly situated Plaintiffs”), are past or 

present employees who work or worked for Defendant as described above. As employees 

performing duties for an enterprise engaged in commerce, the named Plaintiffs and all 

members of the Plaintiff Class were also engaged in commerce as defined by the FLSA.

5. The claims brought herein by the named Plaintiffs are identical or similar to the 

claims of other past and present employees who were subject to the non-compliant policies 

and practices alleged herein. 

6. The non-compliant practices as alleged herein were part of a practice and policy 

implemented and maintained by Defendants and are common to a group or “class” of past 

and present employees. Those past and present employees are entitled to receive Notice of 

these proceedings and afforded opportunity to join their individual claims. 

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IV. STATUTORY VIOLATIONS 

 Collective Action Under The Fair Labor Standards Act 

7. Pursuant to the Fair Labor Standards Act, 29 U.S.C. §216(b), Count I of this 

action is maintained by the named Plaintiff as an opt-in representative action, for and on 

behalf of themselves and other Plaintiffs similarly situated, who have been or will in the 

future be damaged by Defendant’s failure to comply with 29 U.S.C. §201 et. seq. and §251 

et. seq. Count II alleges a willful violation of the FLSA and seeks an additional, third year of 

limitations. Count III seeks liquidated damages under the Fair Labor Standards Act, 

Section 260. Plaintiffs seek to send Notice to all similarly situated employees as provided 

by 29 USC Section 216(b) and supporting case law.

Illinois Minimum Wage Law 

 8. Pursuant to the Illinois Minimum Wage Law, 820 ILCS Section 105/1 et seq., 

Count IV of this action is brought by the named Plaintiff as an opt-out class action pursuant 

to Rule 23 of the Federal Rules of Civil Procedure, for and on behalf of all persons similarly 

situated. The class represented by Plaintiffs consists of all persons who have been, are, or 

will be employed by Defendant as landscaping and maintenance laborers, on or after the 

date three (3) years prior to the filing of this action.

Illinois Wage Payment and Collection Act 

9. Pursuant to Illinois Wage Payment and Collection Act, 820 ILCS Section 

115/1 et seq., Count V of this action is brought by the Plaintiffs as an opt-out class action 

pursuant to Rule 23 of the Federal Rules of Civil Procedure, for and on behalf of all persons 

similarly situated. The class represented by Plaintiffs consists of all persons who have 

been, are, or will be employed by Defendant as landscaping and maintenance laborers on 

or after the date five (5) years prior to the filing of this action. 

 

V. FACTUAL ALLEGATIONS RELEVANT TO ALL COUNTS 

10. Plaintiffs at all times pertinent to the cause of action were employed by 

Defendant, said employment being integral and indispensable to Defendant’s business.

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11. The named Plaintiffs, and all similarly situated members of the Plaintiff Class, 

worked in excess of 40 hours per week at times throughout their employment with 

Defendants, and were denied time and half their regular rate of pay for hours worked over 

40 in a week pursuant to the requirements of the federal and state statute herein relied 

upon. 

12. Defendant has, both in the past and presently, willfully employed members of 

the Plaintiff Class, including the named Plaintiffs, and required the named Plaintiffs, and all 

similarly situated members of the Plaintiff Class to travel to and from job sites in the 

company vehicle without pay for that time. 

13. Defendant has both in the past and presently, willfully employed members of 

the Plaintiff Class, including the named Plaintiffs, requiring work to be performed during 

unpaid meal breaks, without pay for that time, pursuant to the requirements of the federal 

and state statues herein relied upon. 

14. In some instances that unpaid time should have been compensated at time and 

one-half the workers’ regular hourly rates because if the unpaid time was properly treated 

as compensable, the workers would have been over 40 hours in particular workweeks. In 

other instances, the unpaid time should have compensated at the workers’ regular hourly 

rates pursuant to the requirements of the federal and state statues herein relied upon. 

15. In addition, Plaintiffs and members of the Plaintiff class experienced 

unauthorized deductions from their pay checks for uniforms. These unauthorized 

deductions were unlawful and without written authorization by Plaintiffs and members of 

the Plaintiff class as required by the federal and state statutes herein relied upon.

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COUNT I

VIOLATION OF FAIR LABOR STANDARDS ACT

1-15. Paragraphs 1 through 15 are re-alleged and incorporated as though set forth 

fully herein as paragraphs 1 through 15 of this Count I.

 16. Pursuant to Fair Labor Standards Act, 29 U.S.C. §201 et. seq., and the Portalto-Portal Act, 29 U.S.C. §251 et. seq., the named Plaintiffs, and all other Plaintiffs similarly 

situated, known and unknown, are entitled to compensation for all hours worked and 

compensation at the state and federal minimum wage rate, as well as a rate not less than 

one and one-half times their regular rate of pay for all hours worked in excess of forty(40) 

hours in any week, in addition to being reimbursed for unauthorized deductions in any 

week during the two (2) years preceding the filing of this action. 

17. Defendant has at all times relevant hereto failed and refused to pay 

compensation to its employees, including the named Plaintiffs herein, and all other 

Plaintiffs similarly situated, known and unknown, as described above. 

WHEREFORE, Plaintiffs, on behalf of themselves and all other Plaintiffs similarly 

situated, known and unknown, respectfully requests this Court to enter an order:

(a) awarding back pay equal to the amount of all unpaid overtime compensation 

for the two (2) years preceding the filing of this Complaint, according to the applicable 

statute of limitations;

(b) awarding prejudgment interest with respect to the total amount of unpaid 

overtime compensation;

(c) awarding Plaintiffs’ reasonable attorneys’ fees and costs incurred as a result 

of Defendants’ violations of the Fair Labor Standards Act; and,

(d) for such additional relief as the Court deems appropriate under the 

circumstances.

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COUNT II 

WILLFUL VIOLATION OF THE FAIR LABOR STANDARDS ACT

1-17. Paragraphs 1 through 17 of Count I are realleged and incorporated as though 

set forth fully herein as Paragraphs 1 through 17 of Count II.

18. Defendant’s actions as complained of above were done with Defendant’s 

knowledge that the compensation policy and practice at issue was in violation of the 

statues alleged or, with a reckless disregard for whether or not the policy and practice was 

in violation of the those statutes.

19. Pursuant to Fair Labor Standards Act, 29 U.S.C. §201 et. seq., and the Portal-toPortal Act, 29 U.S.C. §251 et. seq., the named Plaintiffs, and all other Plaintiffs similarly 

situated, known and unknown, are entitled to compensation for all hours worked and 

compensation at the state and federal minimum wage rate, as well as a rate not less than 

one and one-half times their regular rate of pay for all hours worked in excess of forty(40) 

hours in any week, in addition to being reimbursed for unauthorized deductions in any 

week during the three (3) years preceding the filing of this complaint.

WHEREFORE, Plaintiffs, on behalf of themselves and all other Plaintiffs similarly 

situated, known and unknown, respectfully requests this Court to enter an order:

(a) awarding back pay equal to the amount of all unpaid compensation for one 

(1) additional year, totaling three (3) years preceding the filing of this Complaint;

(b) awarding prejudgment interest with respect to the amount of unpaid 

overtime compensation;

(c) awarding Plaintiffs’ reasonable attorney’s fees and Court costs incurred as a 

result of Defendant’s violation of the Fair Labor Standards Act; and

(d) for such additional relief the Court deems appropriate under the 

circumstances.

 

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COUNT III 

 

LIQUIDATED DAMAGES 

UNDER THE FAIR LABOR STANDARDS ACT 

1-19. Paragraphs 1 through 19 of Count II are re-alleged and incorporated as 

though set forth fully herein as Paragraphs 1 through 19 of Count III.

 20. In denying the named Plaintiffs and members of the Plaintiff Class 

compensation as described above, Defendant’s acts were not based upon good faith or 

reasonable grounds.

21. The named Plaintiffs and all other past and present employees similarly 

situated, known and unknown, are entitled to liquidated damages equal to the amount of 

unpaid compensation, pursuant to 29 U.S.C. §260.

WHEREFORE, Plaintiffs, on behalf of themselves and all other Plaintiffs similarly 

situated, known and unknown, respectfully request this Court to enter an order: 

(a) awarding liquidated damages equal to the amount of all unpaid 

compensation;

(b) awarding Plaintiffs’ reasonable attorneys’ fees and costs incurred as a result 

of Defendant’s violation of the Fair Labor Standards Act; and

(c) for such additional relief the Court deems appropriate under the 

circumstances.

COUNT IV 

 

SUPPLEMENTAL STATE LAW CLAIM 

VIOLATION OF THE ILLINOIS MINIMUM WAGE LAW 

1-21. Paragraphs 1 through 21 of Count III are re-alleged and incorporated as 

though set forth fully herein as Paragraphs 1 through 21 of this Count IV.

22. As described in the foregoing paragraphs, Defendant’s compensation policies 

and practices are in violation of the Illinois Minimum Wage Law, 820 ILCS §115/1 et. seq. 

23. During a portion or all of the relevant time at issue herein, the Illinois Minimum 

Wage Law provided that an employer who fails to pay the required amount of wages due 

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an employee under the law shall be liable to the underpaid employee or employees for the 

unpaid wages and for punitive damages in the amount of 2% of the amount of such 

underpayments for each month following the date such underpayments remain unpaid.

24. Defendant’s failure to pay compensation as described above, has been willful 

and/or in bad faith. 

WHEREFORE, Plaintiffs, on behalf of themselves and all other Plaintiffs similarly 

situated, known and unknown, respectfully request this Court to enter an order: 

(a) declaring and decreeing Defendant’s compensation practices as described 

herein, and such other violations which may come to light during the prosecution of this 

matter, in violation of the provisions of the Illinois Minimum Wage Law;

(b) awarding an amount of damages, to be shown by the evidence, to which 

Plaintiffs and other members of the Plaintiff Class are entitled;

(c) allowing this Court to retain jurisdiction of the case until such time it is 

assured Defendant has remedied the compensation policies and practices complained of 

herein and is determined to be in full compliance with the law;

(d) directing Defendant to pay to Plaintiffs’ reasonable attorneys’ fees, costs, and 

litigation expenses, as provided by statute;

(e) for such additional relief the Court deems just and appropriate under the 

circumstances.

COUNT V 

SUPPLEMENTAL STATE LAW CLAIM 

VIOLATION OF THE ILLINOIS WAGE PAYMENT AND COLLECTION ACT 

1-24. Paragraphs 1 through 24 of Count IV are realleged and incorporated as

though set forth fully herein as Paragraphs 1 through 24 of this Count V.

25. The Illinois Wage Payment and Collection Act, Section 2, defines wages as 

“any compensation owed to an employee by an employer pursuant to an employment 

contract or agreement between the 2 parties, . . . .”. Payment to separated employees is 

termed “final compensation” and defined as “wages, salaries, earned commissions, earned 

bonuses . . . . and any other compensation owed the employee by the employer pursuant to 

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an employment contract or agreement between the two parties”.

26. At all times relevant there existed an agreement between Plaintiffs, as well as 

members of the Plaintiff class, with Defendant that Defendant would comply in all respects 

with pertinent state and federal wage and hour law. Defendant has breached that 

agreement in that Defendant’s compensation policies violate wage and hour provisions of 

both state and federal law.

27. The Illinois Wage Payment and Collection Act, Section 4, provides that every 

employer shall pay “[A]ll wages earned by any employee during a semi-monthly or biweekly pay period shall be paid to such employee not later than 13 days after the end of the 

pay period in which such wages were earned”.

28. The Illinois Wage Payment and Collection Act, Section 5, provides that 

“[E]very employer shall pay the final compensation of separated employees in full, at the 

time of separation, if possible, but in no case later than the next regularly scheduled payday 

for such employee”. 

29. Defendant’s acts as complained of herein and described above, namely the 

continuing refusal and failure to pay the earned wages to Plaintiffs and the Plaintiff class, 

constitutes a violation of the Illinois Wage Payment and Collection Act. 

WHEREFORE, Plaintiffs, on behalf of themselves and all other Plaintiffs similarly 

situated, known and unknown, respectfully request this Court to enter an order: 

(a) declaring and decreeing Defendant’s compensation practices as described 

herein, and such other violations which may come to light during the prosecution of this 

matter, in violation of the provisions of the Illinois Wage Payment and Collection Act; 

(b) awarding an amount of damages, to be shown by the evidence, to which 

Plaintiffs and other members of the Plaintiff Class are entitled;

(c) allowing this Court retain jurisdiction of the case until such time as it is

assured that Defendant has remedied the compensation policies and practices complained 

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of herein and are determined to be in full compliance with the law;

 (d) directing Defendant to pay to Plaintiff’s reasonable attorney’s fees, costs, and 

litigation expenses, as provided by statute;

(e) for such additional relief the Court deems just and appropriate under the 

circumstances.

Respectfully submitted,

Electronically Filed 03/20/2012 

 

/s/ John W. Billhorn

___________________________

John William Billhorn

BILLHORN LAW FIRM

120 S. State Street, Suite 400

Chicago, IL 60603

(312) 853-1450

Vincent Beckman III

Amanda Garcia

FARMWORKER & LANDSCAPER ADVOCACY 

PROJECT

100 W. Monroe, Suite 1800

Chicago, IL 60603

(312) 784-3541

Attorneys’ for Plaintiff, and all other 

Plaintiffs similarly situated, known or 

unknown.

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