In Illinois, employers are required to pay employees for all hours worked and to pay overtime for any hours worked over 40 hours in a workweek. Overtime pay must be calculated at a rate of one and one-half times the employee's regular rate of pay.
If an employer is not complying with these laws, the employee should first bring the matter to the attention of their employer and request that they correct the error. If the employer does not correct the error, or if the employee is fired or retaliated against for complaining, they may file a wage claim with the Illinois Department of Labor.
Employees who file wage claims with the Illinois Department of Labor must provide written notice to their employer at least 10 days prior to filing the claim. The notice must include the date and location of the alleged violation, a description of the work performed, and the amount of unpaid wages or overtime owed.
If the employee is successful in their wage claim, they may be entitled to back pay plus interest, as well as an additional amount equal to the back pay as a penalty.
It's important to note that there are some exceptions to Illinois' wage and overtime laws, including for certain salaried employees and employees in certain industries such as agriculture and healthcare.
If you believe your employer is not complying with wage and overtime laws in Illinois, it may be helpful to consult with a licensed attorney to discuss your options and potential next steps.
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