Remedies for Unpaid Overtime in Illinois

Web Admin - Thursday, February 06, 2014

illinois unpaid overtime employment lawyerAmerican workers are facing a growing problem; their employers are failing to pay them overtime for extra hours that they worked. According to CNN, wage and hour claims have increased 400 percent in the last decade alone. Employers have a variety of tricks they can use to avoid paying employees the money they owe them. For instance, many employers improperly classify their workers as independent contractors, when they should actually be classified as employees.

This allows employers to subvert overtime laws and shift some of their tax burden to the worker. Employers can also avoid paying overtime by instituting improper policies to prevent employees from logging all of their hours. This can include such practices as forcing employees to clock out for lunches through which they work, making employees show up for work and then wait to clock in until later, or forcing workers to work from home without tracking their hours.

Fortunately, workers in Illinois have remedies available to them. Employees can bring suits for unpaid overtime under the federal Fair Labor Standards Act (“FLSA”) and under the Illinois Minimum Wage law. However, employees should know that both laws provide different limits on the amounts that they can recover from their employer.

The Fair Labor Standards Act

The FLSA is a federal law that protects workers from wage violations. If an employee brings a suit under the FLSA to recover overtime, they can receive overtime pay that the employer owes them from the past two years. That time period may increase to three years if the employee can prove that their employer willfully violated the statute.

A willful violation of the statute occurs if the employer “showed reckless disregard for the matter of whether their conduct violated the statute.” Additionally, in the case of such willful violations, the court may award “liquidated damages.” These extra damages can be as high as the initial amount of overtime owed, meaning the employee can receive twice the amount that the employer failed to pay them.

The Illinois Minimum Wage Law

Illinois also has a minimum wage law under which employees can sue in order to recover overtime pay. Employees can recover up to three years of back pay under this law, regardless of whether the employer willfully violated the law. However, suing under the Illinois law would deprive the employee of the opportunity to receive liquidated damages. Instead, the Illinois law provides for employees to receive two percent interest for each month that their employer owed them overtime.

Do you have questions about your employer’s overtime practices, or think you may be eligible for overtime pay that you never received? Reach out to a Rolling Meadows employment lawyer today. Our firm operates in many northwest suburban areas including Barrington, Crystal Lake, and Palatine.

About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.

Recent Posts


Buffalo Grove car accident lawyer Inverness corporate attorney BUI Rolling Meadows criminal attorney Buffalo Grove injury lawyer Illinois employment law attorneys texting and driving Palatine employment attorney Des Plaines real estate lawyer Buffalo Grove corporate attorney hands free device food poisoning Crystal Lake accident attorney Chicago will attorney, social media platforms, Illinois estate planning lawyer, federal crimes Arlington Heights Attorney estate planning attorney Jay Andrew guardianship attorney Illinois will lawyer Illinois medical malpractice case Rolling Meadows personal injury lawyer drug crimes lawyer real estate leasing criminal defense Liquor Control Act appealing an insurance claim Schaumburg estate attorney Illinois corporate lawyer Illinois registered agent defective products lawyer Buffalo Grove law firm Rolling Meadows personal injury lawyers cell phone tower data paid sick leave pay when paid contract underfunded trust BAIID Crystal Lake car accident attorney business litigation gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys preventing accidents Barrington employment law attorney license suspension Deer Park personal injury lawyer Barrington medical malpractice lawyers Legal Info job lawyers Barrington criminal lawyer Inverness DUI lawyer estate attorney wills Rolling Meadows Traffic Lawyer personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys caretaker rights workers compensation benefits Illinois estate planning real estate zoning Illinois traffic attorneys dram shop law Barrington business law firm Buffalo Grove personal injury lawyer Illinois Smoke Detector Act Do Not Resuscitate civil litigation attorney comp time Palatine construction attorney Fourth of July estate planning trusts Fair Labor Standards Act condo Arlington Heights medical malpractice lawyer Schaumburg real estate lawyer car accident lawyer Schaumburg employment law attorneys Rolling Meadows drug defense attorney estate planning employment law personal injury claims insurance denial appeals Illinois personal injury lawyer insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Illinois real estate boating accidents commercial leasing speeding Des Plaines pet law attorney Rolling Meadows Des Plaines DUI attorney South Barrington real estate attorney license reinstatement medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers commercial real estate uninsured motorist Barrington injury attorney Arlington Heights insurance attorney construction contracts disability benefits Family Medical Leave Act controlled substance Chicago employment lawyer Palatine drug lawyer Long Grove wills and trusts attorneys fiduciary rule delay estate planning for college students blended families Exclusions Illinois Workers’ Compensation Commission Rolling Meadows marijuana attorney defective products Arlington Heights trucking lawyer problem employees Colin H. Gilbert Thanksgiving Buffalo Grove insurance claim dispute lawyers personal injury accidents Long Grove estate planning LLCs POA unpaid overtime Rolling Meadows boating crash lawyer comparative negligence Palatine civil attorney Illinois pedestrian accident attorney Deer Park motorcycle accident lawyer GM ignition switches IRA trust transfer swimming pools Deer Park medical malpractice attorney holiday statistics Illinois wills and trusts life insurance claims mortgage Crystal Lake car accident lawyer insurance attorney Arlington Heights car crash attorneys Kenilworth estate planning lawyer premises liability Crystal Lake business law attorneys healthcare claims Chicago insurance claim attorneys Des Plaines claims law firm probate fees Rolling Meadows corporate lawyer Deer Park real estate law firm Arlington Heights accident attorney Kenilworth estate planning attorney Illinois workplace lawyer Illinois jet ski accident lawyer Des Plaines accident attorney estate planning lawyer denied insurance claims Buffalo Grove traffic attorney residential real estate meal breaks trauma after an accident breach of contract unauthorized overtime Palatine civil litigation lawyer Rolling Meadows employment law attorney vacation home fines Illinois civil litigation lawyer personal injury Deer Park DUI lawyer workers comp IRS Illinois speeding lawyer DNR Rolling Meadows traffic law firm Des Plaines tax law firm Illinois probate lawyer Barrington boating accident attorney Forcible Entry hiring employees Arlington Heights wills and trusts attorney digital information car collision Illinois employment lawyer Crystal Lake employment law attorney drug crimes Arlington Heights tax lawyer Riverwoods estate planning lawyer overtime pay traffic violations defense Illinois elder law attorney pet law Illinois workers compensation lawyer Arlington Heights personal injury attorney murder defense Arlington Heights employment law attorneys wrongful death back injuries crossover accidents distracted driving accident victims jet ski medical malpractice compensation Illinois insurance attorney Retaliatory Discharge car accident lawyers products liability field sobriety test Schaumburg estate planning attorney real estate lawyer Des Plaines medical malpractice attorney Illinois employment law attorney bicycle dooring accidents privacy expungement Crystal Lake medical malpractice lawyer license revocation head on collisions Illinois car accident attorney workers compensation Des Plaines Traffic Lawyer Illinois estate planning law firm minimum wage Crystal Lake law firm Illinois bicycle safety modern family estate planning Barrington Illinois estate planning lawyer commercial leases probate process whistleblower protections criminal law FSLA insurance claim dispute attorney clemency traffic accidents Des Plaines injury law firm dog bites insurance disputes traffic offenses murder charges Illinois Probate Act of 1975 involuntary manslaughter insurance denials investment property Mount Prospect wills and trusts lawyers spinal cord injury Rolling Meadows employment attorney Crystal Lake criminal defense attorney caregiver personal injury lawyer pedestrian-automobile accident Mt Prospect Attorney Illinois job attorney drug crime IRELA Palatine traffic accidents Illinois traffic ticket lawyer Illinois law trucking accident lawyers Home Remodeling Repair Act insurance agents loss of consortium motorcycle accident Palatine criminal defense lawyer boating under the influence Illinois employee rights attorney. murder Chicago trucking accident attorney installment contracts traumatic brain injuries medical malpractice claims ken apicella Schaumburg estate planning lawyer Crystal Lake will lawyer real estate attorneys Rolling Meadows probate lawyer fatal car accidents Illinois insurance claim attorney estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Des Plaines drug crimes lawyer changes to mortgage law Chicago attorney Inverness elder law lawyer Illinois rollover accident lawyers Affordable Care Act Rolling Meadows tax attorney life insurance lawyer pain and suffering probate claims process Illinois small business traffic deaths DUI defense deadly crashes dealing with problem employees distracted driving accidents child safety Crystal Lake insurance lawyer medical malpractice Palatine punch death Schaumburg wrongful death attorney insurance dispute nursing home negligence Schaumburg personal injury attorney Self-Directed IRA Accounts Rolling Meadows insurance dispute lawyers wage theft Illinois home inspection Des Plaines living trust vs will Federal Food Drug and Cosmetic Act Illinois personal injury lawyers personal injury claim license Crystal Lake pedestrian accident lawyer traffic laws Joliet general practice lawyers accidental death benefits Illinois workplace discrimination attorney Illinois employment laws startup company Long Grove real estate attorney marijuana crimes attorney Illinois Human Rights Act fault based insurance Illinois real estate lawyer insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys wills and trusts Crystal Lake estate planning lawyer Illinois insurance claim dispute lawyer Des Plaines real estate attorney rumble strips employee rights elder law Rolling Meadows business lawyer Illinois tax attorney Schaumburg Attorney life insurance Rolling Meadows medical malpractice lawyers Illinois insurance claims lawyers Crystal Lake medical malpractice attorneys pedestrian accidents Attorney Ken Apicella traffic tickets foreclosure fiduciary rule Arlington Heights real estate lawyer Long Grove estate planning attorney bad faith insurance claims Inverness probate lawyer DMV Inverness injury lawyer truck collisions Crystal Lake civil litigation lawyer FMLA Deer Park criminal attorney Des Plaines collections attorney preventable medical errors hit and run accident personal injury law firm Food and Drug Administration's Food Safety Modernization Act Crystal Lake injury attorney drug possession work unions overtime violations Illinois Barrington civil litigation attorney gift taxes Arlington Heights pedestrian accidents Barrington workers compensation attorney Rolling Meadows estate planning attorney probate lawyer small business Palatine employment law lawyer Rolling Meadows insurance lawyer Schaumburg criminal law attorney breathalyzer test rest breaks wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace probate insurance claims sole proprietorship traffic violations Barrington estate planning attorney digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Schaumburg traffic lawyer Buffalo Grove real estate attorney real estate closing Barrington estate planning lawyer Rolling Meadows traffic attorney trench injuries Arlington Heights wills and trusts lawyer Rolling Meadows Attorney Deer Park traffic accident attorney Illinois Wage Payment and Collection Act construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation bicycle accidents new real estate form senior citizens Arlington Heights employment attorney employees anesthesia errors BAC compensatory time Arlington Heights personal injury lawyer Inverness estate planning lawyer driving Palatine traffic lawyer civil rights violation Crystal Lake personal injury attorney pet bites Chicago lawyer cell phone accidents power of attorney Des Plaines drug lawyer Arlington Heights wills and trusts attorneys Palatine trusts lawyer estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Palatine personal injury lawyer Arlington Heights wills and trusts lawyers slip and fall rollover accidents marijuana DUI penalities Illinois wills and trusts attorneys car crash Barrington criminal defense lawyer Rolling Meadows litigation lawyer Illinois medical malpractice attorney Buffalo Grove traffic lawyers Palatine employment lawyer natural gas Home Sale Contingencies liability texting while driving manufacturing Illinois business lawyer drugs Palatine corporate law attorneys Illinois traffic accident lawyer Rolling Meadows criminal lawyer capital gains tax Schaumburg probate attorney unpaid assessment TBI natural gas explosion trustee Illinois insurance disputes loopholes digital evidence Crystal Lake medical malpractice law firm Crystal Lake employment attorney sexual harassment blood alcohol content institutional trustee traffic crimes Chicago estate planning Crystal Lake personal injury lawyer Des Plaines criminal attorney cell phone employee discrimination Palatine real estate lawyer Inverness insurance attorney drunk driving statistics health insurance dispute insurance claim Des Plaines personal injury lawyer revenge porn Des Plaines personal injury attorney Chicago car accident lawyer Illinois defective products attorney living trust Long Grove real estate lawyer Illinois lawyer Crystal Lake traffic attorney medical research Schaumburg injury lawyer trucking accidents Landlord Tenant Ordinance attorney fees Chicago biking tips sexual images Illinois pet lawyer Barrington personal injury lawyer reckless homicide Deer Park accident attorney Illinois insurance claim dispute lawyers wrongful termination employment attorney motorcycle accident lawyer Chicago corporate attorney Illinois personal injury underinsured motorist digital assets Palatine injury attorney forming a corporation in Illinois digital media accounts, estate planning, Arlington Heights estate planning attorney, Buffalo Grove criminal defense lawyer Barrington Traffic Lawyer Rolling Meadows car accident lawyers Employment Discrimination Law first degree murder bike accident Palatine workers compensation lawyer Crystal lake insurance dispute attorney unfunded trust consent to a search medical marijuana Class A misdemeanor Buffalo Grove probate lawyer insurance dispute attorney creditors real estate contract Schaumburg criminal attorney Crystal Lake pet attorney low-ball insurance settlement Palatine corporate attorney social media after death federal regulations for LLCs Palatine elder law attorney Illinois medical malpractice claim Deer Park employment law attorney taxes pedestrian injuries, pedestrian fatality Illinois criminal defense attorney Des Plaines insurance attorney denied insurance claim living trust benefits Inverness real estate lawyer CAM trust payments Illinois trucking safety Crystal Lake bike accident lawyer Barrington attorney Des Plaines civil attorney employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Transfer on Death Instrument irrevocable trust DUI attorney Mount Prospect real estate lawyer trusts criminal record traumatic brain injury Inverness traffic law firm Illinois attorney Schaumburg car accident attorney Illinois insurance dispute lawyers estate tax Illinois insurance lawyer Illinois traffic laws drunk driving PTSD criminal Palatine Attorney insurance claim dispute owner responsibility Illinois red light cameras Policy Cancellation insurance claim denials Crystal Lake tax lawyer Schaumburg corporate attorney Illinois medical malpractice lawyers golf accidents car accident Illinois DUI attorney Illinois Sales Representative Act probate claims vacation home agent Illinois collections attorney car crash injuries ObamaCare Illinois trusts attorney insurance claim delay spinal cord injuries boating DUI pizza emoji Barrington litigation attorney Chicago insurance law firm Arlington Heights lawyer mass shooting Palatine estate planning lawyer car accidents corporate law home inspection lawyer Arlington Heights Traffic Lawyer Buffalo Grove employment lawyer Arlington Heights car accident lawyer homestead rights DGAA Illinois wrongful termination lawyer Illinois driving without license Inverness real estate attorney Rolling Meadows insurance attorney insurance negligence landlord tenant law Palatine insurance lawyer Inverness personal injury attorney college kids Rolling Meadows personal injury attorney ACA Illinois workers compensation attorney condo association life insurance policy Illinois estate planning attorney automated cars Kenilworth estate planning attorneys jet ski accidents Colin Gilbert privacy laws Illinois LLC creation Arlington Heights injury attorney car crashes Inverness civil lawyer Chicago estate planning lawyer icy parking lots pedestrian accident insurance adjusters employee misclassification Schaumburg personal injury lawyers Chicago traffic lawyer real estate attorney South Barrington real estate lawyer internet IRA benefits real estate surgical mistakes Crystal Lake traffic lawyer Schaumburg medical malpractice lawyer Schaumburg employment attorney auto accidents Illinois employment attorneys Barrington real estate lawyer insurance claim denial pregnant women Illinois traffic attorney Illinois employment law firm rollover car crashes in terrorem provision brain injury employment contract liability claims Detainer Actions Barrington drug crime attorney Illinois employment law elder abuse power of attorney for healthcare no contest clauses Illinois personal injury attorney Schaumburg personal injury lawyer Barrington employment attorney Rolling Meadows real estate attorney civil litigation eluding a police officer slip and fall accidents Chicago employment attorney denial of life insurance Long Grove estate planning attorneys Whistleblower Claims Schaumburg construction accident lawyer employment law, Illinois employment laws operating agreements estate plan medication errors employment lawyer Schaumburg insurance lawyers Rolling Meadows insurance dispute lawyers, insurance dispute School Visitation Rights Act Barrington employment law firm Illinois mortgages Inverness accident lawyer Arlington Heights TBI attorney Buffalo Grove medical malpractice lawyers employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys severance agreements construction accidents tax attorney landlord Deer Park traffic lawyer workplace sexual harassment suspended license llinois Real Estate Lawyers Association underage DUI Arlington Heights estate planning attorney Palatine business attorney Des Plaines motorcycle accident attorney Illinois construction accident attorney Illinois motorcycle accident lawyer Illinois living will special needs trust DUI living wills Deer Park workers compensation lawyer Buffalo Grove personal injury attorney subcontractor Barrington personal injury attorney foreclosed rental property insurance agent negligence Rolling Meadows accident lawyer Illinois business law atorneys healthcare liens Palatine law firm independent contractor product liability Rolling Meadows employment law attorneys right to work Chicago will attorney dynasty trusts Schaumburg civil litigation attorney Super Mario Crystal Lake employment lawyer filing a medical malpractice claim Schaumburg Schaumburg elder law lawyer Mount Prospect elder law attorney personal injury attorney Illinois Transfer on Death Instrument Arlington Heights criminal lawyer advance healthcare directive Illinois injury lawyer Des Plaines personal injury lawyers Arlington Heights traffic attorney income distribution deducation contracts rent to own real estate contracts financial advisors Illinois boating accident lawyer Rolling Meadows DUI lawyer Schaumburg drug defense lawyer Palatine probate lawyer deed transfer