An Illinois unpaid overtime lawsuit may be an option for hourly and salaried employees, as well as certain contractors, who work over 40 hours per week. If an employee feels that they are not receiving the overtime pay they are due, an Illinois unpaid wages lawyer may be able to help them recover the compensation he or she deserves.
For more information, contact Attorney Group for Illinois today. Our consultations are free, confidential and without any obligation on your part. We can help answer your questions, and if you choose to pursue a claim we can connect you with an affiliated Illinois unpaid overtime lawsuit attorney who can assist you throughout the legal process.
What is Overtime?
Overtime pay is additional financial compensation for any hours worked beyond 40 hours in a workweek. Employers in the United States must pay qualified employees one and one-half their regular rate of pay for time worked beyond the standard workweek.
Who is Eligible for Overtime Pay?
The Fair Labor Standards Act (FLSA) states that all “nonexempt” employees who work beyond the normal 40-hour workweek are eligible for overtime pay. Hourly and salaried employees who make less than $455 per week ($23,600 per year) are considered nonexempt. Beginning in December 2016, hourly and salaried workers who make less than $913 per week ($47,476 per year) were scheduled to receive overtime benefits. However, on November 22, 2016, a U.S. District Court Judge in Texas granted an Emergency Motion for Preliminary Injunction, halting the implementation of the ruling. In response to the injunction, the Department of Justice filed a notice to appeal the preliminary injunction on behalf of the DOL.
According to the Illinois Department of Labor, the following employees are exempt from overtime pay:
- Salesmen and mechanics involved in selling or servicing cars, trucks or farm implements at dealerships
- Agricultural labor
- Executive, administrative, or professional employees as defined by the FLSA
- Certain employees involved in radio/television in a city with a population under 100,000
- Commissioned employees defined by Section 7(i) of the Fair Labor Standards Act
- Employees who exchange hours pursuant to a workplace exchange agreement
- Employees of certain educational or residential child care institutions
Do I Get Overtime If My Employer Calls Me an Independent Contractor?
In general, a person is an independent contractor if the payer has the right to control or direct the result of the work to be done and not what and how the work will be done. Individuals who are in an independent trade, business, or profession in which they offer goods or services to the general public are typically independent contractors.
Under the FLSA, independent contractors do not qualify for overtime benefits. In some instances, however, employees may be misclassified as independent contractors by their employers.
Occupations commonly misclassified as independent contractors include:
- Truck drivers
- Tow truck drivers
- Port workers
- Exotic dancers
- Couriers and package delivery workers
- Call center workers
- Construction workers
Unpaid Overtime Lawsuits
In June 2016, the DOL ordered an Illinois masonry company to pay damages for violation of the FLSA minimum wage, overtime, and recordkeeping provisions. Investigators from the DOL Wages and Hours Division found that the company misclassified their workers as independent contractors, resulting in those workers receiving less than the legally required minimum wage and failure to pay overtime. The masonry company has been ordered to pay 20 workers a total of over $100,000 in damages, including over $52,000 for minimum wage and overtime violations.
Unpaid overtime lawsuits are also presently being filed against the ride-share company Uber. At least five related actions have been filed in five federal district courts against the company, according to a motion filed with the Judicial Panel of Multidistrict Litigation in December 2015.
What Are My Options When I’m Not Paid Overtime That I’m Owed?
Workers who have been unlawfully denied overtime pay may be eligible to file an Illinois unpaid overtime lawsuit with the help of an unpaid wages lawyer in addition to being able to pursue a claim through the U.S. Department of Labor (DOL). In those cases, the employee can seek compensation for back wages not paid by the employer and liquidated damages in an amount equal to the unpaid back wages.
How an Illinois Unpaid Overtime Lawsuit Can Help
Federal law, and many state laws, require employers to pay employees for overtime at a rate of not less than 1.5 times their regular rate of pay. These same laws protect underpaid workers from retaliation if they pursue a claim, and an unpaid wages lawyer can help an employee recover the compensation he or she deserves.
The Time You Have to Pursue a Claim is Limited. Contact Us Today.
For more information, contact Attorney Group for Illinois. You can fill out the form on this page or contact us by phone or email.
After you contact us, an attorney will follow up to answer questions that you might have. There is no cost or obligation to speak with us, and any information you provide will be kept confidential.
Please note that the law limits the time you have to pursue a claim or file a lawsuit for an injury. If you think you have a case, you should not delay taking action.