Failure to Pay Overtime

Federal and Illinois law requires that employers pay non-exempt employees a rate of 1 ½ times the normal rate of pay for all hours worked over 40 in a given workweek.  So, if a worker is paid $20 per hour normally, she must be paid $30 per hour for any hours greater than 40 worked in a week.

Many workers believe that if they are not paid by the hour, their employer does not have to pay them overtime.  That is not correct.  Many workers that are paid by salary, by the piece, or otherwise, are “misclassified,” and must be paid overtime.

Whether an employee is “misclassified” depends on the employee’s duties – not the employee’s job title.  For example, “white collar” employees, including executives, administrators, professionals, outside sales people, and certain technical employees are generally exempt from overtime laws.

In many cases, not only are overtime laws violated, but other laws are violated as well.  For example, employers may require workers to “clock out” at 40 hours, or employers fail to compensate workers for “off the clock” work done before or after the workers’ normal shift.

In many cases overtime violations are prosecuted as class actions.  In such a case, if you serve as a class representative, you can be eligible for additional compensation from the court.

If you have a question or issue regarding overtime violations, please feel free to reach out to us via telephone or email. You may also fill out our online inquiry form and we will strive to get back to you within 24 hours.