Wage and Hour Overtime Violations
Nationwide Overtime Violations Information
Toll Free: 1 (877) 990-4990
Federal wage, hour, and overtime laws are regulated by the Fair Labor Standards Act (FLSA). In addition, most states have similar wage and hour laws governing overtime. Non-exempt employees should be paid at least 1 1/2 times their hour salary for overtime hours worked. Overtime hours can include working more than 40 hours in one week or more than 8 hours in one day. Unfortunately, in some instances, company greed or ignorance prevent you from receiving your entitled overtime pay. The following are guidelines to help you determine if you are not being fully compensated for your overtime work:
- You are requested or demanded to work "off the clock"
- Your timesheet is altered to reflect no overtime, even though you worked overtime
- You are automatically clocked out for breaks and lunch, whether you take them or not
- You are denied overtime because it was not approved in advance by your manager or supervisor
- You are paid your hourly wage for overtime
- You are told to put your hours down on the following week or granted comp time for your overtime hours
- You are not paid for getting ready for work or for cleaning up your work space after work, even though both may be a requirement
- You are paid less than a minimum wage
- You are denied breaks or meal time even though you are entitled to them
Based in the Midwest (Chicago and Oakbrook Terrace, Illinois), Nationwide Consumer Rights assists individuals, small groups, and large class actions of workers who are not receiving their entitled overtime. Our consumer protection lawyers fight to enforce the wage and hour laws outlined in the FLSA and your rights.
Unpaid Overtime
Chicago, Illinois, Overtime Law Attorney
Your employer requested that you work extra time to finish a project. You willingly put in the extra hours to get the job done as requested. Are you entitled to overtime pay?
The Fair Labor Standards Law
The Fair Labor Standards Act (FLSA) requires employers to follow federal minimum wage and overtime laws. Many employers misunderstand or misapply the rules. Other employers willfully violate the rules to earn more money at your expense. The federal overtime law is straightforward: if you work more than 40 hours in a work week, you're entitled to overtime pay or overtime vacation pay. The mandatory overtime salary for any hours over 40 is time-and-a-half.
The Fair Minimum Wage Act of 2007 requires a minimum wage of $5.85 with $0.70 increases in 2008 and 2009. If the state minimum wage law is higher, the employer must follow the state minimum. As of July 1, 2007, Illinois’s minimum wage is $7.50 with $0.25 increases in 2008, 2009, and 2010. To learn more about your rights, Contact a Nationwide Consumer Rights attorney.
Unpaid Overtime: Know Your Rights
Unless you fall into an exempted class, federal law requires that employers pay you overtime at one and one-half times the regular rate for any time worked over 40 hours in a week. Employers cannot force you to exchange overtime pay for personal days and other benefits. Employers are not allowed to have meetings "off-the-clock". You're entitled to receive overtime pay for any extra hours you work. If your employer has not paid you overtime to which you're legally entitled, we can help you enforce your rights.
Under federal law, an employer that knowingly and willingly refuses to pay you overtime wages may have to pay you an additional penalty over and above your unpaid overtime. You may double your unpaid overtime, plus attorneys' fees. Under Illinois law, an employer who willfully withholds overtime pay can be liable to pay you a penalty of 2% of the amount of monthly overtime pay arrearage.
Exempt Employees
Certain types of white-collar workers are exempt from minimum wage and overtime laws. However, employers sometimes designate an employee as exempt even though that employee’s actual job duties require paying the employee for overtime. The laws concerning overtime pay are complicated. Visit the Federal Department of Labor and the Illinois Department of Labor for more information.
Read the article Common Practices Employers Use to Avoid Paying Overtime or Minimum Wages.
If you feel you are not receiving your entitled overtime pay, please call one of our wage and hour law attorneys toll free at 1 (877) 990-4990 or fill out our intake form on our Contact Us page to discuss your situation and available options. The call is free, the advice may be priceless.
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and exposing consumer rip-offs and scams
Nationwide Consumer Rights
Consumer Protection Lawyers
Toll Free: 1 (877) 990-4990
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