Jaworski v. Master Hand Contractors, Inc.

Jaworski provided construction services to Master Hand, an Illinois general contractor, over several years. Some of these services went unpaid. Jaworski alleged violations of the federal Fair Labor Standards Act, the Illinois Minimum Wage Law, the Illinois Wage Payment and Collection Act, and the Employee Classification Act, which makes it unlawful for construction firms to misclassify an employee as an independent contractor. The Classification Act presumes that the complainant is an employee unless the contractor proves otherwise; a misclassified employee is entitled to double “the amount of any wages, salary, employment benefits, or other compensation denied or lost to the person by reason of the violation.” The judge held that Master Hand had misclassified Jaworski and was entitled to the compensation guaranteed by the Minimum Wage Law and Wage Payment and Collection Act without having to prove that he is an employee. Those statutes do not include the presumption that plaintiffs are employees. The judge rejected Master Hand’s insolvency defense and ordered Master Hand to pay $200,000 in damages, plus $150,000 in attorneys’ fees. The Seventh Circuit affirmed, adding attorneys’ fees for the frivolous appeal. The court declined to review the rulings challenged by Master Hand, as a sanction for failure to follow court rules. View "Jaworski v. Master Hand Contractors, Inc." on Justia Law