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Chicago Overtime Lawyer

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.

Why Choose Our Chicago Overtime Abuse Lawyers?

  • We have a proven track record of success in all areas of employment law.
  • Our primary goal is to effectively solve your claim in the most efficient manner possible.
  • We are a full-service law firm, with the ability to take care of every large and minute detail of your case.

When is Overtime Pay Required?

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.

Common Overtime Abuse Claims

Some common ways that employers abuse overtime and deny payment, include:

  • Not paying for time spent doing prep work (such as setting up a restaurant before opening or putting on safety gear)
  • Misclassifying employees as independent contractors
  • Not reporting the correct number of hours worked
  • Paying a ‘per diem’ that doesn’t account for time worked
  • Not paying for required tasks that employees must do while off the clock
  • Not paying the overtime rate of time and a half for hours above 40

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.

Who is Exempt from Receiving Overtime Pay?

Examples of workers who are exempt from overtime pay includes:

  • Salespersons
  • Mechanics
  • Farm employees
  • Administrative, managerial and professional employees
  • Employees who work on commission
  • Employees at educational institutions or residential childcare
  • Employees who exchange hours in a workplace exchange agreement

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.

How To File an Unpaid Overtime Claim in Illinois

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.

Don’t Delay in Contacting the Zoldan Law Group, PLLC

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.

Request Your Consultation

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