DGAA bLAWg

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


Tags

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

Archive