How to File a Wage and Unpaid Overtime Claim

Illinois Overtime Payment Laws

Illinois law mandates that no employer can require an employee to work more than 40 hours per week unless that employee receives compensation for additional hours works at a rate of at least 1 ½ times his regular pay rate. For example, if your regular wages are $10 per hours, your employer must pay you at least $15 for every hour over 40 hours per week. In a recent case, a transportation worker was denied his overtime pay and, by properly filing a claim, was able to secure payment for the overtime for every hour his employer illegally refused to pay him. However, in Illinois, not all employees are included in the overtime pay requirement. The following types of employees are exempt:

  • Salesmen and mechanics involved in selling or servicing cars, trucks or farm equipment
  • Government employees
  • Radio or television station employees in certain cities
  • Participants in workplace exchange agreements
  • Educational or residential child care institution employees
  • Commissioned employees

In addition to ensuring employees who work overtime are paid accordingly, the Illinois Payment and Collection Act requires employers to provide a written receipt for each pay period showing the hours worked, pay rate, overtime pay and overtime hours, gross wages, an itemization of deductions, wages and deductions year-to-date.

How to File a Wage and Unpaid Overtime Claim

Always keep track of the hours you’ve worked and check your pay stub to ensure your employee has paid you according to Illinois law. If you feel you are owed unpaid overtime wages, the first thing you should do is contact an experienced attorney regarding your rights as employee. You and your attorney can work together to file a claim for unpaid wages with the Illinois Department of Labor. If you’re owed overtime pay from your employer, you can recover the unpaid wages, interest on the unpaid amount, and, in some circumstances, additional penalties. If you are owed back pay for unpaid overtime hours worked, do not hesitate to call an attorney as soon as possible. The federal statute of limitations requires you to file a lawsuit in court within two years of the violation for which you are claiming back wages.

Contact A Legal Representative

If you are being underpaid by an employer, contact us online today or call 866-726-1092 to speak to an attorney regarding your rights as an employee.

Our Location

Based in Chicago, Keogh Law, Ltd., represents clients in Illinois communities such as Orland Park, Calumet City, Hammond, Aurora, Naperville, Oak Brook, Schaumburg, Glenview, Skokie, Waukegan, Joliet, Bolingbrook, Cook County, DuPage County, Kane County, Lake County, LaSalle County and Will County. We also represent clients nationwide.

Please call us now. We handle a majority of our cases on a contingency basis.