Legal Question in Employment Law in Illinois

Suddenly Salaried

I regularly work over 100 hours per week. Part in the office, part at home. I was hired as an hourly employee.

Recently, while looking for a law that would require that my employer let me sleep once in a while, I found that they should have been paying me overtime for all these hours. They had been paying me 4 hours straight time per day whenever I work at home. I reguarly work entire weekends at home, 36 hours or better.

I confronted them and now they say I am a salaried employee, and that I always have been. They say my salary was just figured in hourly components (HA!). Nothing has changed. I still don't get to sleep and I still am getting paid the same. Should I go through the Department of Labor, or just hire my own attorney? What is the advantage of each? Would a resolution be found faster with an attorney?


Asked on 12/18/00, 10:17 am

1 Answer from Attorneys
Douglas Werman Law Offices of Douglas M. Werman

Re: Suddenly Salaried

The answer depends in large part on what approach you want to take. Whether you want to immediately enforce your rights or if you want to the State to investigate your employer's payroll practices and also attempt to recover wages that you are owed. State and federal law both provide you a private right of action to recover overtime and other wages that might be owed to you. That means that you are not required to first file an administrative complaint at the Illinois Department of Labor ("IDOL"). The IDOL enforces some laws, however, that do not have a private right of action, including the Illinois One Day of Rest in Seven Act which precludes an employer form working its non-exempt employees seven days in row. The IDOL may levy fines against an employer that violates that law.

In addition, there is nothing that precludes you from filing a complaint with the IDOL and retaining a lawyer to enforce your rights privately. A private lawsuit is almost certain to be faster than relying on the IDOL to recover wages for you.

Please contact me if I can be of any further assistance.

Douglas Werman

Read more
Answered on 12/26/00, 10:26 am


Related Questions & Answers

More Labor and Employment Law questions and answers in Illinois