Darden employee anniversary pay2/4/2023 ![]() The plaintiffs' proposed class definition described an impermissible “fail safe” class, and their proposed alternative did not satisfy the requirements of Rule 23 of the Federal Rules of Civil Procedure. The judge was right to deny class certification. McMaster then settled his claim with Darden but reserved the right to appeal the denial of class certification. ![]() The district judge declined to certify their proposed class and granted summary judgment for Darden on Clark's individual claim. After quitting for good, they brought this proposed class action alleging that Darden failed to pay them pro rata vacation pay upon separation in violation of the Illinois Wage Payment and Collection Act (“IWPCA” or “the Act”), 820 ILL. 15-3258 Decided: January 05, 2017īefore WOOD, Chief Judge, KANNE and SYKES, Circuit Judges.įrom roughly 2004 to 2012, Demiko McCaster and Jennifer Clark worked on and off at two Illinois eateries owned by Darden Restaurants. ![]() ![]() DARDEN RESTAURANTS, INC., and GMRI, INC., Defendants-Appellees. United States Court of Appeals, Seventh Circuit.ĭEMIKO MCCASTER and JENNIFER CLARK, Plaintiffs-Appellants, v. ![]()
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