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Most employers are legally required to pay overtime, but unfortunately, the law does not always prevent employees from being underpaid. If you believe that you are not receiving fair compensation for the overtime hours you have worked, contact the Zoldan Law Group, PLLC for a free consultation with one of our experienced Chicago overtime lawyers.
Both Illinois and federal law, including the Fair Labor Standards Act (FLSA), require employers to pay all hours worked above 40 hours in a single workweek at the rate of time and a half. This rule applies to hourly employees, and sometimes those who are paid on salary. Nonetheless, many employers attempt to avoid paying overtime, potentially by only compensating an employee if they work more than 80 hours in a two-week-period.
To determine whether you qualify for overtime pay and if your employer has been compensating you properly talk to an experienced Chicago employment law attorney.
Some common ways that employers abuse overtime and deny payment, include:
If your employer is performing any of these actions, you may be able to pursue an overtime claim. Certain classes of salaried employees, managers, and independent contractors can be excluded from protection under the FLSA. However, employers can abuse these exclusions by incorrectly classifying workers as exempt, or by outright lying about an employee’s FLSA status.
Examples of workers who are exempt from overtime pay includes:
Additionally, employees who spend 80 percent of their time or more in white-collar jobs are exempt from overtime pay, according to state and federal law.
After a failed attempt to recover your unpaid wages by speaking with your employer, you have the option of filing a complaint with the wage claims division of the Illinois Department of Labor (IDOL). This can be completed by filling out a Minimum Wage and Overtime Claim Application. An attorney does not have to be involved, but it is recommended to ensure the process goes smoothly and that your claim contains adequate documentation.
Victims of overtime abuse only have one year to file a complaint with IDOL, and three years to pursue a personal lawsuit. Schedule a free consultation today, so we may further discuss your case and options for obtaining your compensation. We can be contacted online or by calling (312) 980-9992.