Wage and Hour Law
Is your employer forcing you to work unpaid "off the clock"? Do you believe your employer misclassifed you as ineligible for overtime?
Wage and hour laws are intended to ensure that workers are properly paid at the correct rate for all the time they work.
The federal Fair Labor Standards Act (FLSA) and the Illinois Minimum Wage Law both provide that covered non-exempt employees must be paid for all hours worked and receive at least one and one-half times their regular rates of pay for hours worked over 40 in a workweek. Attorney Jeffrey Kmoch has extensive experience litigating and counseling on matters involving federal and state wage and hour laws.
First and foremost, workers are entitled to get paid for all of the hours they work in a given week. Employers cannot refuse to pay workers for work performed "off the clock."
In general, "hours worked" under these laws includes all time an employee must be on duty, or on the employer's premises or at any other prescribed place of work. Also included is any additional time the employee is allowed ("suffered or permitted") to work. If you are not and exempt employee and believe you are not being paid for all of the hours you work, call today for a free consultation.
Most workers are also entitled to overtime pay. Some workers mistakenly believe that any "salaried" employee is exempt from the laws entitling workers to overtime pay. In fact, the default rule is that all employees are entitled to overtime unless the employer can establish that they fit within certain, narrow exemptions.
Typically, the only employees who are overtime-exempt are managers who regularly direct the work of two or more other employees, employees whose work requires the exercise of discretion and independent judgment, professional employees whose work requires advanced degrees or specialized training, highly skilled computer programmers or analysts, or outside salespersons. If you do not believe you fit within one of these exemptions and are not being paid overtime for hours worked over 40 in a workweek, call today for a free consultation.
Statutes of limitations apply to wage and hour claims, so time may be of the essence.