UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

EUGENE SCALIA, ) 

Secretary of Labor, ) 

United States Department of Labor, ) 

 ) 

 Plaintiff, ) 

 ) Civil Action 

 v. ) 

 ) Case No.: 

BY YOUR SIDE HOME CARE ) 

SERVICES, INC.; RUFINO )

LUGOD, JR., an individual; JULIET )

QUIJANO, an individual; MARIA )

LUGOD, an individual; and )

JUANITO QUIJANO, JR., an ) 

individual, )

 ) 

 Defendants. ) 

COMPLAINT

Plaintiff, EUGENE SCALIA, Secretary of Labor, United States Department of Labor, 

brings this action to enjoin BY YOUR SIDE HOME CARE SERVICES, INC.; RUFINO 

LUGOD, JR., an individual; JULIET QUIJANO, an individual; MARIA LUGOD, an 

individual; and JUANITO QUIJANO, JR., an individual, (hereinafter collectively, 

“Defendants”), from violating the provisions of sections 6, 7, 11, and 15 of the Fair Labor 

Standards Act of 1938, as Amended (29 U.S.C. § 201, et seq.), (hereinafter “the Act”), pursuant 

to section 17 of the Act; and to recover unpaid minimum wage and overtime compensation 

owing to Defendants’ employees, together with an equal amount as liquidated damages, pursuant 

to sections 16(c) and 17 of the Act. 29 U.S.C. §§ 216(c), 217. 

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I

 Jurisdiction of this action is conferred upon the court by sections 16(c) and 17 of the Act 

and 28 U.S.C. § 1345. 

II

(A) Defendant BY YOUR SIDE HOME CARE SERVICES, INC, is and, at all 

times hereinafter mentioned, was an Illinois S-Corporation with an office and place of business 

within DuPage County at 28 East Hinsdale Avenue, Ste. 3, Hinsdale, Illinois 60521, within the 

jurisdiction of this Court, and is and, at all times hereinafter mentioned, was engaged providing 

in-home care services to the elderly and sick in Illinois. 

(B) Defendant RUFINO LUGOD, JR., an individual, is and, at all times hereinafter 

mentioned, was an owner of corporate defendant, BY YOUR SIDE HOME CARE 

SERVICES, INC., and was engaged in business at 28 East Hinsdale Avenue, Ste. 3, Hinsdale, 

Illinois 60521,within the jurisdiction of this Court. At all times hereinafter mentioned, RUFINO 

LUGOD, JR. acted directly or indirectly in the interest of corporate defendant BY YOUR SIDE 

HOME CARE SERVICES, INC., in relation to its employees, actively managing its day-today operations as its President and General Manager, supervising employees, and controlling pay 

practices, and is an employer within the meaning of section 3(d) of the Act. 29 U.S.C. § 203(d). 

(C) Defendant JULIET QUIJANO, an individual, is and, at all times hereinafter 

mentioned, was an owner of corporate defendant, BY YOUR SIDE HOME CARE 

SERVICES, INC., and was engaged in business at 28 East Hinsdale Avenue, Ste. 3, Hinsdale, 

Illinois 60521,within the jurisdiction of this Court. At all times hereinafter mentioned, JULIET 

QUIJANO acted directly or indirectly in the interest of corporate defendant BY YOUR SIDE 

HOME CARE SERVICES, INC., in relation to its employees, actively managing its day-toCase: 1:20-cv-02838 Document #: 1 Filed: 05/11/20 Page 2 of 6 PageID #:2
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day operations as its Homecare Director, supervising employees, and controlling pay practices, 

and is an employer within the meaning of section 3(d) of the Act. 29 U.S.C. § 203(d). 

(D) Defendant MARIA LUGOD, an individual, is and, at all times hereinafter 

mentioned, was a Director of corporate defendant, BY YOUR SIDE HOME CARE 

SERVICES, INC., and was engaged in business at 28 East Hinsdale Avenue, Ste. 3, Hinsdale, 

Illinois 60521,within the jurisdiction of this Court. At all times hereinafter mentioned, MARIA 

LUGOD acted directly or indirectly in the interest of corporate defendant BY YOUR SIDE 

HOME CARE SERVICES, INC., in relation to its employees, actively managing its day-today operations as its Finance Director, supervising employees, and controlling pay practices, and 

is an employer within the meaning of section 3(d) of the Act. 29 U.S.C. § 203(d). 

(E) Defendant JUANITO QUIJANO, JR., an individual, is and, at all times 

hereinafter mentioned, was a Director of corporate defendant, BY YOUR SIDE HOME CARE 

SERVICES, INC., and was engaged in business at 28 East Hinsdale Avenue, Ste. 3, Hinsdale, 

Illinois 60521,within the jurisdiction of this Court. At all times hereinafter mentioned, 

JUANITO QUIJANO, JR. acted directly or indirectly in the interest of corporate defendant BY 

YOUR SIDE HOME CARE SERVICES, INC., in relation to its employees, actively 

managing its day-to-day operations as its Secretary and H.R. Director, supervising employees, 

and controlling pay practices, and is an employer within the meaning of section 3(d) of the Act. 

29 U.S.C. § 203(d).

III

The corporate defendant, BY YOUR SIDE HOME CARE SERVICES, INC., is and, at 

all times hereinafter, was an enterprise engaged in commerce or in the production of goods for 

commerce within the meaning of section 3(s)(1)(A) of the Act, in that said enterprise at all times 

hereinafter mentioned had employees engaged in commerce or in the production of goods for 

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commerce, or employees handling, selling, or otherwise working on goods or materials that have 

been moved in or produced for commerce by any person and in that said enterprise had an annual 

gross volume of sales made or business done of not less than $500,000. 29 U.S.C. § 

203(s)(1)(A). 

IV 

Defendants repeatedly violated the provisions of sections 6 and 15(a)(2) of the Act by 

paying some home care workers at a rate less than $7.25 per hour in workweeks when said 

employees were engaged in commerce and in the production of goods for commerce or were 

employed in an enterprise engaged in commerce or in the production of goods for commerce, 

within the meaning of the Act, as aforesaid for all hours worked. Specifically, Defendants paid 

some non-exempt home care workers a daily rate or a salary, regardless of the number of hours 

actually worked in a pay period. When the number of hours actually worked by these employees 

was divided by their total pay in a pay period, some employees made less than the required rate 

of $7.25 per hour, in violation of section 6 and 15(a)(2) of the Act. 29 U.S.C. § 206, 215(a)(2). 

V 

Defendants repeatedly violated the provisions of sections 7 and 15(a)(2) of the Act, by 

employing employees who were engaged in commerce or in the production of goods for 

commerce, or who were employed in an enterprise engaged in commerce or in the production of 

goods for commerce, within the meaning of the Act, as aforesaid, for workweeks longer than 

forty hours without compensating said employees for their employment in excess of forty hours 

per week during such workweeks at rates not less than one and one-half times the regular rate at 

which they were employed. Specifically, Defendants paid employees engaged primarily as nonexempt home care workers a flat rate, a straight hourly rate, or a salary for all hours worked in a 

workday or workweek, even when employees worked in excess of forty hours in a workweek, 

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and thereby failed to pay rates not less than one and one-half times the regular rate at which they 

were employed for hours worked in excess of forty hours per week, in violation of section 7 of 

the Act. 29 U.S.C. § 207, 215(a)(2). 

VI 

Defendants repeatedly violated the provisions of sections 11(c) and 15(a)(5) of the FLSA 

in that they failed to make, keep, and preserve adequate and accurate records as prescribed by 

regulations duly issued pursuant to authority granted in the FLSA and found in 29 C.F.R. § 516. 

Specifically, Defendants failed to maintain accurate time records for employees that accurately 

reflected the hours worked in a workday or a workweek and failed to accurately track overtime 

paid. 29 U.S.C. § 211(c), 215(a)(5). 

VII 

During the period since April 11, 2018, Defendants have repeatedly violated the overtime 

and recordkeeping provisions of the Act. A judgment which enjoins and restrains these violations 

and includes the restraint of any withholding of payment of unpaid minimum wages and 

overtime compensation found by the court to be due to present and former employees under the 

Act is expressly authorized by section 17 of the Act. 29 U.S.C. § 217. 

WHEREFORE, cause having been shown, Plaintiff prays for a judgment against 

Defendants as follows: 

(a) For an Order pursuant to section 17 of the Act, permanently enjoining and 

restraining Defendants, their officers, agents, servants, employees, and those persons in active 

concert or participation with them from prospectively violating the provisions of section 15 of 

the Act; and 

(b) For an Order 

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(1) pursuant to section 16(c) of the Act finding Defendants liable for unpaid 

minimum wages and overtime compensation due Defendants’ employees and for liquidated 

damages equal in amount to the unpaid compensation found due Defendants’ employees listed in 

the attached Exhibit A (additional back wages and liquidated damages may be owed to certain 

employees presently unknown to Plaintiff for the period covered by this complaint); or in the 

event liquidated damages are not awarded, 

(2) pursuant to section 17 enjoining and restraining Defendants, their officers, 

agents, servants, employees and those persons in active concert or participation with Defendants, 

from withholding payment of unpaid minimum wages and overtime compensation found to be 

due Defendants’ employees and pre-judgment interest computed at the underpayment rate 

established by the Secretary of Treasury pursuant to 26 U.S.C. § 6621; and 

(c) For an Order awarding Plaintiff the costs of this action; and 

(d) For an Order granting such other and further relief as may be necessary or 

appropriate. 

Dated: May 11, 2020 Respectfully submitted, 

 

 KATE S. O’SCANNLAIN 

 Solicitor of Labor

 CHRISTINE Z. HERI 

 Regional Solicitor 

 

 /s/ David Tanury 

 DAVID TANURY 

 Senior Trial Attorney 

 U.S. Department of Labor 

 Office of the Solicitor 

 230 South Dearborn St., Room 844 

 Chicago, Illinois 60604 

Telephone: 312-353-4454 

Facsimile: 312-353-5698 

Email: tanury.david.j@dol.gov 

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