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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS - EASTERN DIVISION

Delfino I. Ramirez, )

Plaintiff. )

v. ) 

)

HARLEM CORPORATION d/b/a Nick’s Drive-In, GEORGE )

 LEKAS, and JIM KARALEKAS a/k/a JIM LEKAS, )

 ) 

Defendants. )

COMPLAINT

Now comes Plaintiff Delfino I Ramirez (“Plaintiff”), by his attorneys, Daniel I. 

Schlade and James M. Dore/Dore Law Offices LLC, pursuant to 29 U.S.C. § 201 et seq., 

commonly known as the Fair Labor Standards Act (“FLSA”), and complains against 

Defendants HARLEM CORPORATION d/b/a Nick’s Drive-In (“Nick’s Drive-In”), 

GEORGE LEKAS, and JIM KARALEKAS a/k/a JIM LEKAS (“Jim Lekas”), (all

defendants are cumulatively referred to as “Defendants”) and in support of this 

Complaint, state:

Introduction

1. This action seeks redress for Defendants’ willful violations of the FLSA and 

Defendants’ failure to pay Plaintiff overtime wages for hours worked in excess of forty

(40) hours in a week.

2. Upon information and belief, Defendants have failed to keep proper time records

tracking Plaintiff’s time worked and have failed to post a notice of rights.

3. Defendants’ unlawful compensation practices had the effect of denying Plaintiff his 

earned and living wages.

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Parties

4. Plaintiff is a resident of Cook County, Illinois; and he is a former employee of Nick’s 

Drive-In.

5. Defendant Nick’s Drive-In is an Illinois corporation operating as a restaurant located 

at 7216 N. Harlem Avenue, Chicago, Illinois, 60631. On information and belief, Nick’s 

Drive-In was opened prior to 2014, and is currently operating.

6. Defendant Jim Lekas was Plaintiff’s manager at Nick’s Drive-In. In addition, he was 

the “boss” of all employees at Nick’s Drive-In; on information and belief, he is an owner, 

or one of the owners of Nick’s Drive-In; he is the Secretary of Nick’s Drive-In. Upon 

information and belief, Defendant Jim Lekas is a resident of Cook County, Illinois.

7. Defendant George Lekas is the President of record with the Illinois Secretary of State 

for Nick’s Drive-In. In addition, he was the “boss” of all employees at Nick’s Drive-In; 

on information and belief, he is the owner, or one of the owners of Nick’s Drive-In. Upon 

information and belief, Defendant George Lekas is a resident of Cook County, Illinois.

Jurisdiction And Venue

8. The Court possesses subject matter jurisdiction over the FLSA claim pursuant to 29 

U.S.C. § 216(b) and 28 U.S.C. § 1331 (federal question), and 28 U.S.C. §1337 (actions 

arising under acts of Congress relating to commerce). The Court possesses supplemental 

jurisdiction over the state law IWCPA claim pursuant to 28 U.S.C. § 1367, because the 

claim is so related to Plaintiffs’ claim within such original jurisdiction that they form part 

of the same case or controversy, and arise out of the same underlying facts and 

transactions, under Article III of the United States Constitution.

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9. Venue is proper in the Northern District of Illinois because all underlying facts and 

transactions occurred in Chicago, Illinois; and all parties to this lawsuit are residents of 

Chicago, Illinois.

Facts Common To All Claims

10. Plaintiff worked at Defendant Nick’s Drive-In for 9 weeks beginning April 7, 2020, 

and was paid on a weekly basis.

11. At all times, Plaintiff held the same position at Nick’s Drive-In; he worked in the 

kitchen performing food preparation for the restaurant chefs, colloquially known as 

“food prep” and also worked as a cook. 

12. For Week 1 of his employment, Plaintiff was only paid $6.00 per hour and worked 40 

hours for the week.

13. For Weeks 2-9 of his employment, Defendants scheduled Plaintiff to work in excess 

of forty (40) hours per week. Plaintiff’s worked seven days per week, 12 pm to 8 pm (8 

hrs) everyday. During his shifts, Plaintiff was not granted breaks or time for personal 

meals such as lunch. Accordingly, his work week averaged fifty-six (56) hours per week

for Weeks 2-9.

14. For Weeks 2-9 of his employment, Defendants paid Plaintiff $10.00 per hour for each 

hour worked.

15. Although Defendants scheduled Plaintiff to work in excess of forty (40) hours per 

week for Weeks 2-9, Defendants did not pay Plaintiffs overtime wages at a rate of one 

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

hours.

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15. Instead, for Weeks 2-9, Defendants paid Plaintiff his hourly rate of $10.00 per hour

for all hours worked, including hours worked in excess of forty (40) hours per week.

16. Plaintiff’s wages were not based on the number of jobs performed or completed, nor 

was it based on the quality or efficiency of his performance.

17. Plaintiff is not exempt from the provisions of the FLSA, and/or the IWCPA.

18. Defendants failed to pay Plaintiff not less than one and a half (1.5) times the regular 

rate at which he was employed when he worked over forty (40) hours in a given 

workweek.

19. Defendants failed to pay Plaintiff the required minimum wage for each hour he 

worked.

Count 1 - Violations of FLSA

20. Plaintiff reincorporates by reference Paragraphs 1 through 19, as if set forth in full 

herein for Paragraph 20.

21. Defendant Nick’s Drive-In is an “employer” as that term is defined in Section 203 of 

the FLSA, because it is a privately-owned for-profit entity in the restaurant and bar 

industry.

22. Defendant George Lekas is an “employer” as that term is defined in Section 203 of 

the FLSA, because: (1) he is the President and manager of Defendant Nick’s Drive-In, and 

upon information and belief, he is the owner of Nick’s Drive-In; (2) he had the power to 

hire and fire the employees; (3) he supervised and controlled employee work schedules 

and conditions of employment; (4) he determined the rate and method of payment for 

employees; and/or (5) he maintained employment records.

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23. Defendant Jim Lekas is an “employer” as that term is defined in Section 203 of the 

FLSA, because: (1) he is the publicly-identified Secretary of Defendant Nick’s Drive-In, 

and he is the owner of Nick’s Drive-In; (2) he had the power to hire and fire the 

employees; (3) he supervised and controlled employee work schedules and conditions of 

employment; (4) he determined the rate and method of payment for employees; and/or 

(5) he maintained employment records.

24. Plaintiff is an “employee” as that term is used in Section 203 of the FLSA because he 

was employed by Defendants as a “food prep” worker, and he does not fall into any of 

the exceptions or exemptions for workers under the FLSA.

25. For his period of employment with Defendants, Plaintiff was not paid the proper 

minimum wage of $13.00 per hour.

26. Plaintiff was directed by Defendants to work, and did so work, in excess of forty (40) 

hours per week.

27. Defendants did not compensate Plaintiff at a rate of at least one and one-half (1.5) 

times his regular hourly rate of pay for all hours worked in excess of forty (40) hours in 

his individual workweeks, and did not compensate Plaintiff at a rate of at least one and 

one-half (1.5) times the legal hourly rate of pay for all hours worked in excess of forty (40) 

hours in his individual workweeks.

28. Defendants’ failure and refusal to pay the legal minimum wage of $13.00 per hour

for hours worked was a willful violation of the FLSA.

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29. Defendants’ failure and refusal to pay overtime wages for hours worked in excess of 

forty (40) hours per week violated the FLSA.

30. Defendants’ failure and refusal to pay overtime wages for hours worked in excess of 

forty (40) hours per week was a willful violation of the FLSA.

31. Plaintiff is entitled to recover unpaid overtime wages and liquidated damages for up 

to three (3) years prior to the filing of this lawsuit. On information and belief, this amount 

includes: (i) $2,456.00 in unpaid overtime wages and unpaid minimum wages; (ii) and 

liquidated damages of $7,368.00; and (iii) Plaintiff’s attorney’s fees and costs, to be 

determined.

WHEREFORE, Plaintiffs respectfully request that the Court enter a judgment in 

favor of Plaintiff, and against Defendants HARLEM CORPORATION d/b/a Nick’s 

Drive-In, GEORGE LEKAS, and JIM KARALEKAS a/k/a JIM LEKAS, jointly and 

severally, for:

A. The amount of unpaid overtime wages for all time worked by Plaintiff in excess of 

forty (40) hours in individual work weeks and all minimum wages, totaling at least 

$2,456.00;

B. An award liquidated damages in an amount equal of least $7,368.00;

C. A declaration that Defendants violated the FLSA;

D. An award reasonable attorneys’ fees and costs; and

E. Any such additional or alternative relief as this Court deems just and proper.

Count 2 – Violation of City of Chicago Ordinance

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32. Plaintiff reincorporates by reference Paragraphs 1 through 31, as if set forth in full 

herein for Paragraph 32.

33. At all times relevant to Plaintiff’s employment with Defendants, there existed in effect 

the City of Chicago Ordinance, 1-24-020, which stated 

Minimum hourly wage. Except as provided in Sections 2-92-610 and 1-24-030 of this 

Code, every Employer shall pay no less than the following Wages to each Covered 

Employee for each hour of work performed for that Employer while physically present 

within the geographic boundaries of the City: (e) Beginning on July 1, 2019, the greater 

of: (1) the minimum hourly Wage set by the Minimum Wage Law; (2) the minimum 

hourly Wage set by the Fair Labor Standards Act; or (3) $13.00 per hour.

34. At all times relevant to Plaintiff’s employment with Defendants, there existed in effect 

a City of Chicago Ordinance, 1-24-110, which stated 

Private cause of action. If any Covered Employee is paid by his or her Employer less 

than the Wage to which he or she is entitled under this chapter, the Covered Employee 

may recover in a civil action three times the amount of any such underpayment, together 

with costs and such reasonable attorney's fees as the court allows.

35. Plaintiff was a “Covered Employee” as that term is defined under City of Chicago 

Ordinance 1-24-010.

36. Defendant Nick’s Drive-In was an “Employer” as that term is defined under City of 

Chicago Ordinance 1-24-010.

37. Defendant George Lekas was an “Employer” as that term is defined under City of 

Chicago Ordinance 1-24-010.

38. Defendant Jim Lekas was an “Employer” as that term is defined under City of Chicago 

Ordinance 1-24-010.

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39. Pursuant to City of Chicago Ordinance, Defendants were required to compensate 

Plaintiff at a rate of $13.00 per regular hour worked and to compensate Plaintiff at 1.5 

times for each hour in excess of 40 hours in a week.

40. Defendants violated City of Chicago Ordinances in failing to remit the required 

wages to Plaintiff. 

41. As a direct result of Defendants’ violations of the City of Chicago Ordinances, Plaintiff 

was underpaid in the amount of $2,456.00.

42. As such, Plaintiff is entitled to damages of $7,368.00 under the City of Chicago 

Ordinances, plus attorney’s fees plus costs.

WHEREFORE, Plaintiffs respectfully request that the Court enter a judgment in 

favor of Plaintiff, and against Defendants HARLEM CORPORATION d/b/a Nick’s 

Drive-In, GEORGE LEKAS, and JIM KARALEKAS a/k/a JIM LEKAS, jointly and 

severally, for:

A. a monetary judgment in the amount of at least $7,368.00;

B. A declaration that Defendants violated the City of Chicago Ordinances;

C. An award reasonable attorneys’ fees and costs; and

D. Any such additional or alternative relief as this Court deems just and proper.

Count 3 – Retaliatory Discharge for Assertion of Rights under Illinois One Day Rest 

In Seven Act 820 ILCS 140/et seq

43. Plaintiff reincorporates by reference Paragraphs 1 through 42, as if set forth in full 

herein for Paragraph 42.

44. At all relevant times, there was an Illinois statute in effect known as the Illinois One 

Day Rest In Seven Act, 820 ILCS 140/1 et seq (“the Illinois Act”) which states:

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Hours and days of rest in every calendar week. (a) Every employer shall allow every 

employee except those specified in this Section at least twenty-four consecutive hours of 

rest in every calendar week in addition to the regular period of rest allowed at the close 

of each working day.

820 ILCS 140/2(a).

45. The Illinois Act provides that employers are required to allow employees at least at 

least twenty-four consecutive hours of rest in every calendar week.

46. The Illinois legislature has clearly mandated a public policy that certain employees 

have statutory rights to twenty-four consecutive hours of rest in every calendar week and 

that their employers have statutory obligations to provide such breaks. 

47. Plaintiff was an “Employee” subject to the protection of the Illinois Act.

48. Defendant Nick’s Drive-In was an “Employer” subject to the requirements of the 

Illinois Act.

49. Defendant George Lekas was an “Employer” subject to the requirements of the Illinois 

Act.

50. Defendant Jim Lekas was an “Employer” subject to the requirements of the Illinois 

Act.

51. On the week of June 8, 2020, as authorized under the Illinois Act, Plaintiff requested 

a day-off from working for Defendants.

52. In response to Plaintiff’s request for a day-off, Defendant Jim Lekas told Plaintiff that 

if he were to take a day-off, he would be terminated. 

53. Plaintiff in fact took a day off, as was his right under the Illinois Act.

54. As a result of Plaintiff taking a day-off under the Act, Defendants terminated his 

employment on or about June 15, 2020.

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55. In requesting a day-off, Plaintiff was engaging in a protected activity, namely 

securing his authorized time off under the Illinois Act.

56. As a result of Plaintiff’s request for a day-off and taking said day off, Defendants 

terminated Plaintiff’s employment.

57. Plaintiff has suffered damages, such as emotional damages, loss of future wages, 

emotional distress and mental anguish, back pay, punitive damages, and attorney’s fees 

and costs as a result of Defendants’ retaliatory discharge of him.

WHEREFORE, Plaintiffs respectfully request that the Court enter a judgment in 

favor of Plaintiff, and against Defendants HARLEM CORPORATION d/b/a Nick’s 

Drive-In, GEORGE LEKAS, and JIM KARALEKAS a/k/a JIM LEKAS, jointly and 

severally, for: emotional damages, loss of future wages, emotional distress and mental 

anguish, back pay, punitive damages, and attorney’s fees and costs; and Any such 

additional or alternative relief as this Court deems just and proper.

/s/ James M. Dore 

 

Dore Law Offices LLC - James M. Dore (ARDC No. 6296265)

Daniel I. Schlade (ARDC No. 6273008)

Attorneys for Plaintiff

134 N. La Salle St., Suite 1208

Chicago, IL 60602

P: 312-726-8401; F: 844-272-4628 

E: james@dorelawoffices.com

Jmdore70@sbcglobal.net

danschlade@gmail.com

Plaintiff Requests a jury demand for all counts applicable

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