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


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