As employment attorneys serving workers across Illinois, we regularly hear from employees who suspect they are owed overtime pay but aren’t sure what to do next. If you’ve worked more than 40 hours in a week and haven’t received proper compensation, you may have a valid legal claim under both state and federal law. In Illinois, the Illinois Wage Payment and Collection Act and the Illinois Minimum Wage Law work in conjunction with the federal Fair Labor Standards Act to protect workers from wage theft, including unpaid overtime.
It’s important to understand that your employer doesn’t get to decide whether or not you’re “exempt” from overtime. The law does. If you are a non-exempt employee and you’ve worked over 40 hours in a workweek, you are generally entitled to overtime pay at one and a half times your regular hourly rate. Unfortunately, many employers misclassify workers, pay a flat salary without considering overtime, or simply fail to track hours correctly. When that happens, you have the right to take action.
The Illinois Wage Payment and Collection Act (IWPCA) requires employers to pay all wages owed to employees in a timely manner. This includes not just regular wages, but also overtime, bonuses, commissions, and final compensation upon termination. Under 820 ILCS 115/3, if you are owed overtime and your employer fails to pay it, you have a cause of action under state law.
Importantly, the IWPCA allows workers to recover their unpaid wages, plus damages and attorney’s fees. Under 820 ILCS 115/14, courts may award up to 2% of the underpaid amount per month that it goes unpaid. That adds up quickly for workers who are owed overtime for weeks, months, or even years.
This statute also protects employees from retaliation. If you report unpaid wages or assert your rights under the IWPCA, your employer cannot fire or discipline you in response. If they do, you may also have a retaliatory discharge claim.
The Fair Labor Standards Act (FLSA) is the federal law that governs overtime, minimum wage, and recordkeeping. Under 29 U.S.C. § 207, non-exempt employees must receive overtime pay for any hours worked over 40 in a workweek. The standard rate is time-and-a-half, or 1.5 times the employee’s regular rate of pay.
If your employer is covered by the FLSA, and most are, then you may bring a federal claim for unpaid overtime in addition to any state-level claims. The FLSA also allows recovery of back pay, liquidated damages (which can double your unpaid wages), and attorneys’ fees.
Whether you file under state or federal law depends on the facts of your case, but in many situations, both claims may be pursued together to maximize your recovery.
We frequently see certain patterns when it comes to unpaid overtime. If you have experienced any of the following, your rights may have been violated:
Employers often assume workers won’t challenge these practices. But you have legal protections, and the law is on your side.
If you believe you’re not being paid what you’re owed, there are several steps we recommend:
Whether your unpaid wages total a few thousand dollars or much more, you deserve to be compensated fairly for the work you’ve done.
If your employer has violated the Illinois Wage Payment and Collection Act or the Fair Labor Standards Act, you may be entitled to:
In many cases, these damages add up quickly. Employers who break wage laws should be held accountable, and our firm is committed to making sure that happens.
The Illinois Wage Payment and Collection Act requires employers to pay all earned wages to employees in a timely manner. This includes hourly pay, commissions, bonuses, vacation pay, and overtime. It also gives employees the right to sue for unpaid wages and protects them from retaliation if they file a complaint.
You may be. Salary alone does not determine whether you’re exempt from overtime. Your job duties and responsibilities matter. If you primarily perform routine, non-supervisory tasks, you are likely entitled to overtime even if your employer calls you salaried.
Under Illinois law, you typically have 10 years to file a claim under the IWPCA. Under federal law (FLSA), the statute of limitations is 2 years, or 3 years if the violation was willful. That’s why it’s important to act promptly to preserve your rights.
No. Both Illinois and federal law prohibit retaliation. If your employer disciplines you, demotes you, or terminates you for asserting your rights under wage laws, you may have a claim for retaliatory discharge and additional damages.
Being labeled as an independent contractor doesn’t automatically mean you’re not an employee under the law. If your employer controls how you work, when you work, and what tools you use, you may actually be an employee, and therefore entitled to overtime.
Not necessarily. You may be able to file a private lawsuit directly under the Illinois Wage Payment and Collection Act and the Fair Labor Standards Act. Speaking with an attorney will help determine the best course of action for your specific case.
Yes. Both Illinois and federal wage laws allow successful employees to recover reasonable attorney’s fees and court costs. This is meant to encourage employees to assert their rights without worrying about the cost of legal representation.
At the Law Office of Michael T. Smith & Associates, we represent workers throughout the Chicago area who have been denied the wages they earned. If you suspect your employer has violated the Illinois Wage Payment and Collection Act or the Fair Labor Standards Act, we can help you take action and protect your rights.
Contact our Chicago employment law lawyer at the Law Office of Michael T. Smith & Associates when you call (847) 450-1103 to receive your free consultation. From our office in Lisle, Illinois, we proudly serve employees across Chicago and throughout the state. Don’t let your employer take advantage of your time and labor. We’re here to help you fight back and recover what you’re owed.
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