Chicago, Illinois, Overtime Law Attorney
Your employer requested that you work extra hours to finish a project. You willingly put in the time to get the job done. 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. Employers often misunderstand and misapply the rules and other employers actively violate the rules to save money at the employee's expense. The federal overtime law seems straightforward on its face: 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 beyond 40 is time-and-a-half one's hourly wages.
The Fair Minimum Wage Act of 2007 required a minimum wage of $5.85 effective July 24, 2007 and $6.55 effective July 24, 2008. The rate has again increased to $7.25 effective July 24, 2009. If the state minimum wage law is higher, the employer must follow the state minimum. The minimum wage in Illinois as of July 1, 2007, was $7.50. It was increased to $7.75 for 2008 and increased to $8.00 effective July 2009. To learn more about your rights, speak with a lawyer who is familiar with the overtime law and how it applies. In northern Illinois, contact the Law Offices of Keith J. Keogh, LTD.
Unpaid Overtime: Know Your Rights
Unless you fall into an exempted class, federal law requires that employees receive overtime pay at the rate of one and one-half times the regular rate for any time worked over 40 hours in any given week. Employers are not allowed to exchange overtime pay for personal days and other benefits. Employers are not allowed to have meetings on "off-the-clock" time. You're entitled to receive overtime pay for the extra hours you put in. If your employer has not paid you overtime to which you're legally entitled, at the Law Offices of Keith J. Keogh, LTD, we can help you enforce your overtime rights.
Under federal law, if your employer knowingly and willingly refuses to pay you overtime wages, you are entitled not only to the amount owed to you. You may also be entitled to an additional equal amount as liquidated damages, plus attorneys' fees.
Under Illinois law, an employer who willfully withholds overtime pay may be liable to pay the employee a penalty of 2% of the amount of monthly overtime pay arrearage.
Exempt Employees
Certain types of white-collar employees are exempt from minimum wage and overtime requirements. However, employers sometimes designate an employee as exempt when the actual job duties require that the employee be paid overtime.
The laws concerning overtime pay are complex. Speak with an attorney who is familiar with the federal and state overtime laws and how they interact. Contact the Law Offices of Keith J. Keogh, LTD. Our telephone number is 312-726-1092; our toll free number is 866-726-1092.
For more information, visit the Federal Department of Labor and the Illinois Department of Labor.
The Law Offices of Keith J. Keogh, LTD
227 West Monroe Street
Suite 2000
Chicago, IL 60606-5055
Phone: 312-726-1092
Fax: 312-726-1093
E-mail
The Law Offices of Keith J. Keogh, LTD, represents clients in the northern Illinois areas of Chicago, Aurora, Bolingbrook, Calumet City, Evanston, Glenview, Hammond, Joliet, Naperville, Oak Brook, Orland Park, Ottawa, Schaumburg, Skokie, Waukegan, Cook County, DuPage County, Kane County, Lake County, LaSalle County and Will County.
