Legal Question in Workers Comp in Illinois

I work at a hotel in Illinois. Since December 30th, I have been working anywhere between 10-16 hours per day, due to my manager taking a month of vacation. I have been staying overnight, and for most of this past week and a half, I am at the hotel from 12am-11am, and then return at 10pm. According to the owner of the hotel (who writes the checks) the manager told him that I would work the night hours (11pm-6am) for free. During these hours, I am not at the front desk, but am in a room to sleep for the night, but I am the only employee on the premises and am responsible for anything that guests need during 11pm-6am. After discussing my pay with the owner (this was when he told me about the manager saying I would work for free), he said that he would pay me $50 cash for the overnight hours. However, he is defining the overnight hours as 11pm-9am, even though I am at the desk at 6am. Also, he is saying that the hours I spend away from the front desk do not count towards me accruing overtime hours, and that he does not pay for overtime. I was at the hotel for 74.5 hours for the week of Dec. 29th-Jan. 4th, and I am paid $8.25 per hour. The owner is only counting me as working for 20.5 hours, which is obviously a substantial difference. I am concerned that he will not pay me what I am legally owed, and that if I bring up that I am supposed to be paid for every hour on the premises, AND be paid overtime, that I will be fired and will not receive my final paycheck. I just wanted to make sure that I am correct on the illegality of how he's trying to pay me, and what I can do to get the money that I am owed.


Asked on 1/07/14, 7:28 am

1 Answer from Attorneys
Charles Candiano Candiano Law Office

Workers' Compensation" is the area of law that addresses work-related injuries, NOT regular wages. You have a wage and hour law question. In general, you MUST be paid for all hours that the employer requires you to be on their premises.

The duties you describe are sometimes performed by a manager who lives on the premises and receives a rent-free apartment as part of their compensation. Such an employee may be considered "exempt" from the aforementioned rule.

As an hourly employee who must report to work and therefore "restrict" the use of your time, you are entitled to be paid for all hours you are required to be there, including overtime.

Discuss your situation with an Employment Law attorney for guidance on how to be paid what you have earned.

Read more
Answered on 1/08/14, 3:39 am


Related Questions & Answers

More Workers' Compensation Law questions and answers in Illinois