Unpaid Wages and Overtime Claims

在伊利诺斯州, all non-exempt hourly employees must earn at least the minimum wage, and must be paid time and a half (“overtime”) for all hours in excess of forty per work week. Minimum wage and overtime are governed by a number of state and federal statutes, including the Illinois Wage Payment and Collection Act (“IWPCA”), 820生病了. 电脑及相关知识. 统计. 115/1-16, Illinois Minimum Wage Law (“IMWL”), 820生病了. 电脑及相关知识. 统计. 105/1-15, and Fair Labor Standards Act (“FLSA”), 29 U.S.C. §201及其后续.

The Fair Labor Standards Act and the Illinois Minimum Wage Law

The FLSA contains provisions setting the federal minimum wage. Currently, the federal minimum wage is $7.每小时25. The IMWL contains provisions setting the state minimum wage for Illinois, currently at $9.每小时25 ($4.95 per hour for tipped employees). If both the FLSA and the IMWL apply to an employee, the employee is entitled to earn the higher of the minimum wages set forth in the statutes.

The FLSA and IMWL each contain overtime provisions which mandate that non-exempt hourly employees must be paid time and a half for all hours worked in excess of forty hours in one work week. An employee cannot waive his or her right to overtime compensation, and must be compensated for all time worked. 然而, certain workers, particularly salaried employees, may be exempt from the overtime provisions.

The FLSA and IMWL apply to any employer of at least one employee, and may apply to employees who have not been paid minimum wage, or who have not been paid for overtime work, time spent donning and/or doffing, 用餐时间, 旅行时间, or “off-the-clock” time worked. Employers who “round down” their employees’ clocked time may also face penalties under the FLSA and IMWL.

If an employer has violated the FLSA or IMWL, the employer may be subject to either an individual or class civil action in federal court. Under the FLSA and IMWL, an employee can collect unpaid wages for the period of two years preceding the filing of a complaint. If the employer knew of the violation and committed the violation willfully, the employer can recover one additional year of unpaid wages. 进一步, an employee is entitled to recover an amount equal to the unpaid wages in liquidated damages, as well as reasonable attorneys’ fees and costs.

The Illinois Wage Payment and Collection Act

The IWPCA mandates that employers in Illinois must pay each employee for all time that the employee worked, including any “final compensation” (such as earned commission payments, full payment for agreed-upon hourly and overtime rates, and accrued vacation pay), within two weeks of the end of the period in which the wages were earned. The IWPCA further regulates final compensation upon the end of employment, and makes it unlawful for any employer to deduct wages from an employee’s paycheck without the written consent of the employee. An employer acting in violation of the IWPCA may have to pay the employee up to twice the sum of the unpaid wages, plus a statutory penalty of two percent for each day that the payment is past due.

Our Employment Law Services

The unpaid wage and unpaid overtime attorneys at ope体育 & 多兰 have litigated hundreds of wage and hour cases, addressing all manner of violations of the law. We will typically inquire into the compensation practices of the employers for each of our new clients, since it is very common to not even realize that your employer is engaging in wage theft.

Consult with an Employment Law Attorney

If you have questions about your rights under the FLSA, IMWL, 或IWPCA, or feel that your employer may have violated the wage and hour laws, contact ope体育 & 多兰 to speak to a Chicago employment lawyer.