Federal and state laws regulate the minimum hourly wage that employees are paid, as well as how much and when they must be paid for working overtime. Some employers ignore these laws and take advantage of their workers.
If you feel you have not been paid according to state and federal laws for work you have performed, you may file a claim with the Illinois Department of Labor. It is a good idea to work with an experienced and knowledgeable employment law attorney who can help you complete your claim and make sure all of the necessary supporting information is included. At the law office of Herman J. Marino Ltd., P.C., we represent workers from all walks of life who have wage and hour disputes.
Understanding Illinois Wage And Hour Laws
Illinois state law requires employers to pay a minimum of $8.25 per hour, although employees under age 18 and workers in certain categories are exempt from the minimum wage requirement. These include:
- Certain agricultural employees
- Certain religious employees
- Domestic service workers
- Outside salespeople
- Workers at businesses with less than four employees
- Students receiving work-study assistance
- Motor carrier employees
All wage and hour disputes cases are taken on a contingency fee basis. There are no upfront costs and you will only pay an attorney fee if we obtain a recovery for you.
Illinois statues also address regulations regarding overtime pay. Employers must pay employees at a rate of 1½ times the employee's regular hourly wage for any time worked over 40 hours in one week. Here again, the Illinois Department of Labor states that some workers are exempt from laws regarding overtime pay. These include:
- Salesmen and mechanics involved in selling or servicing cars, trucks or farm implements at dealerships
- Agricultural laborers
- Executive, administrative or professional employees as defined by the Fair Labor Standards Act
- Certain employees involved in radio/television in a city with a population under 100,000
- Commissioned employees
- Employees who participate in a workplace exchange agreement
- Employees of certain educational or residential child care institutions
Workers also may file a complaint if they are not getting required rest breaks, forced to work off the clock, not given promised vacation pay, not reimbursed for certain expenses, improperly classified as an exempt worker, or retaliated against under the federal whistleblower protection statute.
Prompt Attention Is Important
Immediate action is important to building the strongest possible case. If your employer is violating wage and hour laws, or if you are uncertain if you have a legal complaint, our experienced Chicago wage and hours claims lawyer is ready to help. Call 312-347-9990 to schedule a meeting.