There are various federal and state laws which regulate the payment of overtime wages to qualifying employees. Under the Fair Labor Standards Act (FLSA) and Illinois Wage Payment and Collection Act, non-exempt employees are entitled to receive overtime wages (1.5 times your normal wage) for any hours worked over the standard 40 hours per week. Hours spent in meetings, preparing for work, and completing any tasks required for the job may be considered when determining if you are eligible for overtime.
Some employers will categorize employees incorrectly, labeling them managers or executives, in order to avoid paying overtime. This and similar practices are considered wage theft in the eyes of the law.
If you believe you have been unfairly denied overtime pay, the Chicago overtime violations lawyers at Markoff Leinberger can make sure your rights are protected. To find out if you have a valid case, please call 1-888-517-9115 today to schedule a free consultation.
Common Violations of the Fair Labor Standards Act (FLSA)
One common violation of the FLSA occurs when an employer classifies you as a manager when your job duties are those of a non-exempt employee.
In some instances, employers may try to avoid paying overtime to salaried employees. However, not all salaried employees are exempt from receiving overtime wages. If you are on salary but do not perform managerial duties, you may be entitled to overtime. Other common violations include failing to pay for all hours worked, falsifying time records to avoid paying overtime, failing to pay "time and a half" for overtime, and measuring overtime eligibility over more than a week (e.g., if you are paid every two weeks, you must be paid for overtime if you work more than 40 hours in a week, even if you work fewer than 80 hours over the two week pay period).
Common violations of the Illinois Wage Payment and Collection Act
Employers must pay employees their full compensation for the regular pay period (and no later than 13 days after the pay was earned), even after termination. Employers cannot "stall." Employers must also provide pay stubs to employees.
See our What to Do About an Overtime Violation page for more information on the steps you should take.
How Our Employment Law Attorneys Can Help
It is not always easy to determine if your employer has violated federal and state overtime laws. Our attorneys will examine employment contracts, hour log sheets, pay stubs, and any other documents which may demonstrate that overtime wage laws and regulations have been violated.
If our overtime violations lawyers determine that you were unfairly denied overtime, we will fight aggressively to ensure you receive the wages to which you are entitled. Please contact Markoff Leinberger today by calling 1-888-517-9115 or completing our online form to schedule your free consultation. Our lawyers serve clients in Chicago, Illinois, the Midwest, and nationwide.