A recent legal filing alleges that a company failed to pay its hourly employees the full amount of overtime wages required by federal law, raising questions about payroll practices affecting hundreds of workers. The complaint was filed on March 3, 2026, in the United States District Court for the Northern District of Illinois by Marco Benites Castellanos against Romaine Empire Inc., which operates under the name Farmer’s Fridge.
According to the complaint, Marco Benites Castellanos worked as a Lead Shift Operator for Romaine Empire Inc. from June 12, 2025 through November 12, 2025. He brings this case both individually and on behalf of all others similarly situated who were employed as hourly workers by the company during the past three years. The lawsuit seeks to recover unpaid overtime compensation, liquidated damages, attorney’s fees, costs, and other relief under the Fair Labor Standards Act (FLSA), which sets federal requirements for minimum wage and overtime pay.
The filing outlines that Romaine Empire Inc., headquartered in Chicago and employing hundreds of hourly workers across various locations in the United States, paid these employees at different hourly rates with additional forms of compensation such as shift differential pay and bonus pay. Castellanos claims that while he received a base hourly rate—most recently $24.50 per hour—and earned extra remuneration including shift differentials and bonuses, these additional payments were not properly included in his regular rate when calculating overtime wages.
The plaintiff argues that under FLSA regulations, all forms of non-discretionary remuneration must be included in an employee’s regular rate before determining time-and-a-half overtime pay for hours worked beyond forty per week. The complaint states: “Throughout Plaintiff’s employment with Defendant, Defendant failed to properly calculate Plaintiff’s shift differential pay, bonus pay and other non-discretionary remuneration into the regular rate for proper overtime calculation.” It further alleges that this practice affected not only Castellanos but also other current and former hourly employees who regularly worked more than forty hours per week.
As an example cited in the complaint, Castellanos’ pay stub from October 18 to October 31, 2025 showed gross earnings inclusive of $31.05 in shift differential pay and $250 in bonus pay; however, his calculated overtime rate did not account for these amounts. The lawsuit references federal regulations and court decisions confirming that such payments must be included when determining regular rates used for calculating overtime.
The complaint contends that Romaine Empire Inc.’s failure to include these types of compensation constitutes a violation of Section 7(a) of the FLSA. It also alleges that this was part of a broader policy or practice applied through a centralized payroll system affecting all similarly situated employees nationwide: “Upon information and belief, Defendant utilized a centralized payroll system which calculated overtime pay for all similarly situated employees in the same or similar manner.”
Castellanos is seeking certification of this case as a collective action so that notice can be sent to all potentially affected current and former employees within the last three years. He requests disclosure from Romaine Empire Inc. of names and contact information for these individuals so they may join the suit if they choose.
In addition to backpay for unpaid or improperly calculated overtime wages and an equal amount in liquidated damages as provided by law, Castellanos asks for pre-judgment and post-judgment interest on any award granted by the court. He also seeks attorney’s fees and costs associated with bringing this action as well as any other relief deemed appropriate by the court.
The case is being handled by attorney Jesse L. Young from Sommers Schwartz P.C., based in Kalamazoo, Michigan. The case number is 1:26-cv-02364.
Source: 126cv02364_Marcos_Benites_v_Romaine_Empire_Complaint_Northern_District_of_Illinois.pdf
