Unpaid or Underpaid Overtime

In Illinois, a non-exempt employee who works more than 40 hours in a workweek is entitled to overtime pay at the rate of 1.5 times the employee's regular rate. The law also factors in bonuses and commissions earned during the period when determining the overtime rate.

Often, employers try to misclassify an employee as “exempt” or as an “independent contractor” to avoid paying them everything they’re owed. Another common trick employers use to shortchange employees is not properly calculating their overtime compensation by miscounting hours worked or not including all necessary compensation when calculating your overtime rate. This problem has only gotten worse over the years as employers are under increasing pressure from shareholders to maximize profits and cut costs, often at their workers’ expense.

If you believe you are owed unpaid or underpaid overtime payments that were illegally withheld from you, you should talk to an attorney today.

How RAK Law Can Help

Help you understand your rights. You deserve to fully understand what your legal rights are and are not. It may be difficult to know whether you’ve been properly classified or compensated for all your time. A good attorney should be able to analyze the events and circumstances surrounding your employment and determine whether your classification and compensation was proper or wrongful and actionable.

You can sue. If your employer is not willing to negotiate an out-of-court resolution you may have no choice but to bring a lawsuit. A good attorney will walk you through the process and make sure you understand therisks and potential benefits and, if you decide to sue, will fiercely advocate for your rights and always keep your best interests in mind.