How Are You Paid?
Are you a salaried employee or paid by the hour? If your Illinois employer violates your rights under federal or state wage and hour laws, you will need the services and advice of a Chicago employment rights lawyer, and you’ll need to contact that lawyer immediately.
The federal law that guarantees wage and hour rights is the Fair Labor Standards Act (FLSA). It establishes the federal minimum wage, the 40-hour week, and the legal requirements for overtime. The Illinois Department of Labor enforces similar protections at the state level.
The FLSA took effect in 1938 after cheating employers took advantage of the Great Depression to impose long hours and dangerous conditions on many American workers. Even today, some employers in Illinois still try to bend or break the rules in ways that harm their employees.
What Does the Fair Labor Standards Act Require?
The Fair Labor Standards Act legally requires employers to pay women and men equally for work that requires equal skill, effort, and responsibility. It bans the employment of minors in “oppressive” child labor, and it establishes how and when employers must pay employees for overtime work. The Fair Labor Standards Act also entitles employees to:
- Â regular rest breaks and meal breaks
- Â be paid for work-related meetings
- Â be paid for any off-the-clock duties the employer requires
Which Employees Are Not Subject to FLSA Rules?
“Exempt” employees under the FLSA are those not subject to FLSA overtime pay and minimum wage requirements. They typically earn a salary rather than an hourly wage. An employment rights lawyer can determine if you are exempt or nonexempt and how the FLSA applies to you.
In most cases, the following workers do not have to be paid time-and-a-half for their overtime hours:
- Â executives, administrators, and other professionals
- Â independent contractors
- Â external salespersons
- Â live-in employees such as nannies and housekeepers
How Do Employers Violate Wage and Hour Rights?
Unscrupulous employers in this state use several schemes to steal employees’ wages. These are clear signs that an employer is trying to cheat you. An employer may violate your rights by:
- Â Not paying overtime: If you are a nonexempt hourly employee, federal law requires you to receive 1.5 times your standard pay for every hour over forty you work in a week.
- Â Not paying minimum wage: Illinois employers must pay nonexempt workers the Illinois minimum wage ($15 per hour as of 2025). Chicago employers with four or more workers must pay $16.20 an hour. Chicago workers who receive tips must be paid $11.02 an hour.
- Â Not allowing breaks: Illinois employers must allow employees who work 7.5 or more continuous hours a twenty-minute (or longer) meal break starting no later than five hours after the work period begins.
- Â Misclassifying workers: Nonexempt workers are eligible for hourly pay and overtime. Exempt employees are not paid hourly, covered by minimum wage rules, or eligible for overtime. Misclassifying you to avoid paying you overtime wages is wage theft.
- Â Requiring you to work off the clock: Unless you are exempt, your employer must pay you for all of the time you work. Requiring off-the-clock work violates your wage and hour rights.
What is Your Recourse if Your Employer Violates the Wage and Hour Rules?
If your employer is not paying you properly or is not paying you at all, a Chicago wage and hour attorney can help you file an unpaid wages lawsuit. You could be entitled to recover your unpaid wages, interest, employer penalties, and legal fees.
Speak to a lawyer even if you were cheated for just a few dollars. You may learn you are owed even more. State and federal law protects you against retaliation. An employer cannot fire or demote you or take any other adverse action against you for filing an unpaid wage lawsuit.
If you proceed with a lawsuit, your attorney will determine if wage and hour claims have been filed against your employer in the past. If the violation of your rights is part of a general pattern, that finding is evidence that will strengthen your claim against the employer.
You can help your lawyer by compiling any supporting documents such as memos, emails, and pay stubs. A Chicago employment rights lawyer is a skilled investigator who will take every step necessary to prove your claim and win a negotiated agreement for you without going to trial.
What if Your Case Goes to Trial?
If your employer contests your claim, will not negotiate with you and your attorney, or will not negotiate in good faith, your lawyer will take the employer to trial. If you and your Chicago wage and hour attorney can prove the employer has not paid you what is legally required, an Illinois court will find the employer liable.
If your employer does not compensate you adequately, act promptly to protect your rights and schedule a consultation with an employment rights attorney. The right to fair wages is fundamental. No employee in Illinois should endure unpaid wages or wage theft.
Let the Team at Atlas Consumer Law Fight for You
At Atlas Consumer Law, our award-winning employment rights attorneys fight for clients throughout the greater Chicago area. We prefer to avoid trials by obtaining comprehensive out-of-court settlements, but we are prepared to take every case to court if necessary.
We help workers who have been wrongly denied overtime, paid less than the legal minimum wage, had their tips stolen, or were forced to work off-the-clock. We pursue these cases aggressively to obtain for our clients the wages they have earned and deserve.
Our attorneys will bring your wage and hour case to its best possible resolution. We’ve established a reputation for legal excellence and extraordinary client service, and we know how to resolve the most challenging employment disputes.
To find out more about your wage and hour rights or to launch the legal process now, call Atlas Consumer Law at our Lombard offices – 630-394-6350 – to arrange your first legal consultation. If you are not being paid adequately and properly, it must stop now. We can help.
