icon on After a two-year wait post-trial, Steve Platt of Howard & Howard Attorneys secured a major win in the U.S. District Court for the Northern District of Illinois for Steve Piper and Sons, Inc., prevailing on all counts in Galindo v. Steve Piper and Sons, Inc.
“From the outset, this was a nuanced case with millions on the line. The court’s decision validates our strategy and delivers a full and hard-fought victory for our client,” said Platt, lead counsel to Steve Piper and Sons.
The case involved claims under both the Fair Labor Standards Act (FLSA) and the Illinois Minimum Wage Law. The plaintiff, a longtime employee of the second-generation tree service, mulch production, and snow removal company, alleged he had been misclassified and denied overtime and minimum wage protections dating back to 2017. He sought substantial damages, including back pay, prejudgment interest, and statutory penalties - exposure that could have escalated into the millions if certified across the proposed class.
Recognizing the outsized impact of the lead plaintiff’s claims, Platt and the defense team successfully moved to bifurcate and try his claims first in a bench trial. This strategic decision proved critical. The plaintiff, who claimed six figures in individual damages and served as the proposed class representative, became the focal point for determining not only his own entitlement to relief but also the viability of the broader class claims.
Following trial, the Court issued a comprehensive opinion and order finding that the plaintiff was properly classified as an exempt executive employee under federal and state law. Applying the four-part test under the FLSA’s executive exemption, the Court concluded that the employer met its burden on each element.
First, the Court found that the plaintiff easily exceeded the salary threshold required for exempt status, earning well above the regulatory minimum on a consistent basis.
Second, the Court determined that his primary duty was management. Despite performing manual labor at times, the evidence demonstrated that he was responsible for core supervisory functions, including assigning daily work, directing crews, coordinating logistics, and ensuring operational efficiency across the company’s seasonal business lines.
Third, the Court found that the plaintiff regularly directed the work of at least two other employees. Testimony from multiple witnesses confirmed that he acted as a foreman or supervisor, serving as the central point of contact for field operations and workforce coordination.
Finally, the Court concluded that the plaintiff’s input on hiring and firing decisions carried “particular weight.” While he did not have unilateral authority to make final decisions, his recommendations, including referrals that resulted in hires, were credited and relied upon by ownership.
In addition to these substantive findings, the Court made a critical credibility determination, finding that the plaintiff’s testimony was not reliable in several key respects. This finding further undercut his claims and cast doubt on his ability to serve as a representative for any broader class.
The result is a complete defense victory as to the lead plaintiff, who the Court held is not entitled to any recovery. Equally important, the ruling significantly weakens, if not entirely undermines, the foundation of the remaining class claims, given that the proposed representative was found to be exempt and not similarly situated to the putative class.
With potential exposure previously estimated in the millions, including personal liability for damages and attorneys’ fees under Illinois law, the decision represents a substantial and strategic win. By isolating and defeating the lead plaintiff’s claims through a focused bench trial, Platt and the Howard & Howard team not only eliminated his individual recovery but also reshaped the trajectory of the case moving forward.
About Howard & Howard Attorneys, PLLC
With a history spanning over 150 years, Howard & Howard is a full-service law firm with a national and international practice, providing legal services to businesses and business owners. More than 140 attorneys practice out of offices in Las Vegas, Nevada; Detroit, Michigan; Chicago and Peoria, Illinois; and Los Angeles, California. For more information, please visit www.howardandhoward.com.
Amanda Ferrari
aferrari@hellermanllc.com
440.465.6162