Employer-Mandated “Clocking-Out” at 40 hours to Avoid Overtime

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Rolling Meadows, Illinois Overtime Lawyer

Overtime Attorney Serving Chicago and Northwest Suburbs

The Illinois Minimum Wage Act requires that employees receive overtime pay when they work more than 40 hours in a single week.  However, employers frequently attempt to avoid paying overtime, despite the law.  If you find that you have been unfairly denied pay that you have earned through overtime work, contact an Illinois overtime attorney at Drost, Gilbert, Andrew, & Apicella right away.

The law requires that when a non-exempt employee works overtime, he or she must be paid at the rate of 150 percent of his hourly pay rate (“time-and-a-half”) for the hours that worked beyond 40 hours in a single week.  Employers may not legally avoid this requirement by forcing employees to “clock out” after working 40 hours, while continuing to work more than 40 hours.  If your employer has failed to pay you overtime wages that you have earned, you will need an experienced overtime attorney who will work to ensure that you receive your overtime pay and any additional damages that you are due.

Employers who are determined to avoid paying overtime wages may attempt one of several common tricks to avoid the reach of the overtime law.

– An employer might simply refuse to permit employees to clock more than 40 hours, while nevertheless requiring that the employee complete assigned tasks that require more than 40 hours of work.

– An employer might also require an employee to do significant amounts of preparation for work before they are allowed to clock in and officially begin work or after they have been forced to clock out.

– An employer might require an employee to clock out after 40 hours and then continue working for tips only.

These tricks are not lawful employment practices.

Remedies for Employer-Mandated “Clocking Out”

If your employer has forced you to clock out in order to hide the fact that you have worked more than 40 hours in a single week, to avoid paying you overtime, you can file a lawsuit seeking monetary damages or an injunction ordering your employer to pay your overtime wages.  If you prevail in your claim, you could receive double the amount of your back pay as compensation and damages.  If you discover that you have been unlawfully denied overtime pay, you must act quickly.

Experienced Overtime Attorneys at DGAA

If you have been subjected to employer-mandated clocking out and have been unlawfully denied overtime pay, it is important that you consult with a lawyer right away.  Contact Drost, Gilbert, Andrew & Apicella today to speak to an experienced overtime attorney.  Your DGGA lawyer will fight to recover any damages, unpaid benefits, and wages that are due to you.  We have offices in Chicago and Cook County, and we serve clients throughout the greater Chicagoland area including Arlington Heights, Rolling Meadows, Palatine, Des Plaines, Schaumburg, and Wheeling.