Robinson v. Tellabs, Inc.

State: Illinois

Court: 1st District Appellate

Docket No: 1-07-2731 Rel

Case Date: 04/27/2009

Preview:FIRST DIVISION Filed: 4-27-09 No. 1-07-2731 THEODORE G. ROBINSON, Individually and on Behalf of a Class of Employees Similarly Situated, Plaintiff-Appellant, v. TELLABS, INC., a Foreign Corporation, Defendant-Appellee. ) ) ) ) ) ) ) ) ) ) ) ) Appeal from the Circuit Court of Cook County.

No. 02 CH 2860 The Honorable Richard J. Billik, Judge Presiding.

JUSTICE GARCIA delivered the opinion of the court. This class action appeal arises from a finding of no liability under the Illinois Minimum Wage Law (820 ILCS 105/1 et seq. (West 2000)) for the defendant, Tellabs, Inc., after a bifurcated trial. Judge Billik ruled that Tellabs's policy of

imposing unpaid days off following or preceding paid holidays to cope with difficult economic conditions satisfied the "salary basis test" because the days off were imposed prospectively for bona fide business needs. On appeal, Robinson, an engineer,

hired as an overtime-exempt professional employee, contends that when Tellabs instituted the mandatory-days-off-without-pay program, it lost its professional exemption for Robinson and the class he represents, triggering an obligation to pay overtime wages under the Illinois Minimum Wage Law. Under the facts

adduced at trial, Robinson contends that as a matter of law, Tellabs cannot satisfy the "salary basis test" to retain the

No. 1-07-2731 professional exemption because he received lower pay for the interspersed holiday weeks that included the days off without pay. Consequently, Robinson's compensation was "not regularly

received" for a "fixed period." We agree with Judge Billik's finding of no liability. After

Tellabs instituted the mandatory-days-off-without-pay program, Robinson continued to be a "bona fide *** professional" employee paid on a "salary basis," as those terms appear in the Federal Fair Labor Standards Act of 1938 (29 U.S.C.

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