Overtime Claims in Illinois

Most importantly, you should know that when you hire an overtime attorney from Morgan & Morgan, we want you to both get paid what you deserve and to keep your job. While not always possible with an employer who has refused to pay you properly, we make every effort to achieve the best outcome for you, and we know that includes keeping your job. 

With any overtime case, the first step is to try to negotiate a fair settlement for your unpaid overtime. Any fair settlement includes a penalty for the delay in payment. We will also insist on contractual assurances that the behavior will not continue in the future and that there will be no retaliation against you for standing up for your rights. 

If your employer is willing to admit fault and negotiate in good faith, we can settle your overtime case quickly with a positive result and a little extra money in your pocket.

If negotiation isn’t possible, your case may need to go to trial. In these circumstances, you will likely no longer be employed by that company. But if the trial is successful, your award should cover lost wages due to your inability to continue to work for your former employer, and possibly even the loss of potential work within your industry.

One of the major reasons that employers cheat employees out of overtime pay is because they believe they can get away with it. Most employees don’t fully understand their rights or know how to advocate for themselves. 

When a knowledgeable employee does point out that they aren’t being properly paid overtime or informs other workers that they aren’t being properly paid, an employer might correct the action. However, even if it seems like the situation is solved, you could still face retaliation after pointing out overtime violations.

Employers are not permitted to retaliate against employees that report workplace violations. That doesn’t mean they won’t. After reporting overtime violations, you could find yourself suffering retaliation at work. 

If you are fired for trivial reasons or without explanation, or you suddenly get worse shifts, there is a good chance that these actions are a result of retaliation.

The overtime attorneys in Illinois from Morgan & Morgan are familiar with all types of employment law. If you believe that you are being retaliated against or might be retaliated against soon, you should speak with an attorney as soon as possible. 

The earlier you speak to an attorney, the easier it will be to collect evidence of retaliation. This evidence could make a big difference in the compensation value you receive at trial or how substantial a settlement your attorneys can negotiate with the employer.

Unless your employment contract explicitly prevents you from being given mandatory overtime, Illinois employers can require you to work overtime. The single major exception to that is the One Day Rest in Seven Act. This law states that employees must give a minimum of 24 consecutive hours of rest every calendar week. 

If you have already worked any portion of the previous six days in a calendar week, your employer cannot require you to work overtime (or even regular time) on the seventh day.

You should immediately hire overtime attorneys in Illinois from Morgan & Morgan. We can file a lawsuit for breach of contract, even if your employer paid you for the overtime. 

This may seem like a drastic decision, but as soon as an employer starts violating one part of your contract, they might start thinking they can violate other parts of the contract as well.

Generally, you need any evidence that shows that you worked overtime hours in a specific week and evidence that you were paid less than you should have been paid for that overtime. The former may require the testimony of other employees or customers that witnessed your work. The latter usually can be proven with bank and pay records.

Yes. Overtime rules are based on the state you work in, not the state you live in. Even better, Morgan & Morgan has offices in every state in the country. This means that you can speak face to face to an attorney at a local office while an Illinois attorney works on your case.

No, this is not possible. The law requires your employer to pay you overtime pay for any overtime hours. With only a few specific exceptions specified by law, there is no way for your employer to ignore that law, even with your permission.

Not unless those extra hours go over 40 total hours in a week. Overtime rules don’t take into account anything other than the total hours worked. 

If an employer is trying to force you to work more hours in a week than they should due to a medical accommodation, you may have a different type of employment law case. Ask a Morgan and Morgan lawyer about your rights and get a free evaluation.

Overtime rules exist for good reason. They are designed to keep employers from overworking their employees by encouraging them to hire new employees rather than relying on current employees putting in excessive hours. 

When an employer violates overtime rules, they are both disregarding the health of their employees and violating their rights. Don’t let your rights be violated. 

Contact the dedicated overtime attorneys at Morgan & Morgan immediately to get a free case evaluation if your employer isn’t properly paying you for overtime in Illinois.