New Lenox Staffing Agency Refuting Workers' Claims They're Underpaid

Shortly after starting work in July for a New Lenox-based staffing agency, Deathrice Jimerson said he started to notice an unsettling trend: despite working longer hours at times, he didn't think he was getting compensated for overtime or being paid up to minimum wage at times.

Jimerson and others unloaded trucks at an Elwood warehouse with goods headed to Walmart stores. He says he sometimes worked as many as 90 hours a week and 12 hours a day while taking home just $600 without any overtime pay—well below the state minimum wage of $8.25 per hour.

"You get that first paycheck and it's like, 'Whoa, hold on, what's going on?'" Jimerson said. "But I couldn't just quit because I needed a job. There wasn't really anything I could do."

Jimerson, 31, of Joliet, went to his employer, Reliable Employment Services, 14422 Edison Drive, with a handful of coworkers Monday to demand documentation for all their hours and pay. After complaining about the perceived discrepancies Monday, Jimerson said he was told not to come into work Tuesday.

Though the workers have garnered the support of advocacy group Warehouse Workers for Justice, company CEO Dan Gallagher said the claims are false.

Some workers, including Jimerson, asked Reliable Employment why they weren't being paid the $10 an hour they say they were promised—a claim Gallagher denies. At first, Jimerson said, he was told workers weren't being paid for their first three hours because it was considered down time while waiting for trucks to arrive. Then, Jimerson says a new payment policy was put in place around the holiday peak time to pay by productivity.

Each employee files a sign-in sheet to track their hours worked and a personal tracking sheet for the course of the week. There also is a sheet that employees and their supervisors turn in that documents how long it takes to unload a truck. If it takes longer to unload than previously stipulated, Gallagher said, pay is recalculated to assure workers get at least minimum wage.

Gallagher says he offered to meet with disgruntled employees to go over documentation of their schedules, pay and productivity.

"Every minute, every piece (of documentation)," Gallagher said. "We always pay individuals at least the minimum wage. Many of the individuals are paid significantly higher than minimum wage because they’re more productive."

But Jimerson said trucks often took much longer to unload than was documented and that workers were never paid overtime. He also claims workers didn't get sick days or holiday time.

Having enlisted the help of the Warehouse Workers for Justice, the employees hope to clear up the confusion. Tory Moore, an organizer with the group, went to Reliable Employment with the workers Monday and said his group will work with a nonprofit attorney to acquire and review all payment documentation.

From the pay stubs his group has seen, Moore said Reliable Employment could be "violating a lot of laws."

"We try to organize the warehouse workers to know their rights and know the laws," Moore said. "They’re making poverty wages. We try to find out if they’re getting paid right."

Gallagher maintains everything his business does is legal and emphasized he has scheduled meetings with some employees to go over their documentation.

"It’s partially confusion, it’s partially stirred up (by the Warehouse Workers for Justice)," Gallagher said of the claims. "Their complaint is embellished." 

According to Jimerson, who said he lives in a relatively new house with his two children and his girlfriend and her two children, his priority is ensuring he was paid fairly because he needs the money to help support his family. He hopes the Warehouse Workers for Justice will help shed light on his and his coworkers' claims.

Despite the allegations he's levied against Reliable Employment, Jimerson said he would return to work for the company because he needs the money.

"Some people can't get another job," he said. "I like the work. I would have taken it if they just gave me $8.50 an hour and didn’t give me the run-around. Why should you be able to just steal my money? I want security."