Hicks v. Avery Drei, LLC, No. 10-2744 (7th Cir. 2011)
Annotate this CasePlaintiff filed suit seeking unpaid wages, overtime pay, and accrued vacation pay, after being terminated from her job at hotel, where she worked as a security guard and desk clerk. The district court granted defendants judgment as a matter of law on the vacation pay claim and, in part, on the overtime pay claim. The jury returned a verdict in the defendants' favor on the remaining overtime claim. The Seventh Circuit affirmed. The vacation pay claim was frivolous, plaintiff never earned vacation pay. The court acted within its discretion in denying her motion in limine to prevent defendants from introducing newly disclosed evidence of additional cash payments and in entering judgment on the overtime claim based on a determination that the employer was not covered by the Fair Labor Standards Act, 29 U.S.C. 201.
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