Marcado v. S&C Electric Co.

Plaintiffs filed a class action complaint against their former employer, seeking unpaid wages under section 12 of the Minimum Wage Law. The plaintiffs alleged that their employer underpaid overtime wages by incorrectly excluding certain performance bonuses from the regular rate of pay used to calculate overtime pay. The circuit court dismissed the complaint, finding that plaintiffs had failed to plead they were entitled to damages because the employer had paid adjusted payments that accounted for all unpaid wages and the appellate court affirmed. The Supreme Court reversed, finding that there was “no question” that the adjusted payments failed to fully compensate the plaintiffs for their statutory damages and that the appellate court erred when it affirmed the order dismissing the complaint on the ground that the adjusted payments provided the plaintiffs with complete relief. (THEIS, NEVILLE, OVERSTREET, HOLDER WHITE, ROCHFORD, and O’BRIEN, concurring)