Wage and Hour Lawyer Chicago, Illinois
Are you owed Overtime?
Employers are constantly looking to make profits at the expense of the workers, and since they have labor lawyers at their side, if you feel like you might be owed overtime you should speak with a wage and hour lawyer Chicago, IL turns to to learn about your rights. The Lawyers at Brown, LLC handle employee rights issues including overtime pay, FCRA, whistleblower, False Claims Act (FCA), sexual harassment, FCRA violations, WARN ACT issues and many other areas, including review of severance agreements. Further, the firm is led by a former FBI Special Agent who has recovered millions for his clients and they are only paid if they win your case.
Under the Fair Labor Standards Act (FLSA), an employer is obligated to pay your 1.5 your hourly rate for hours over worked over 40 unless they can prove the exemption. Sometimes they will lead you to believe you are salaried and don’t have to pay you overtime, but the burdens on them to prove they don’t have to pay overtime. Particularly, egregious is when an employer makes someone work endless hours on salary, but when the employee works less than 40 hours for a week, the employer only pays the hourly rate. Under the law, that means the employer could lose even a proper exemption from overtime and you might be entitled to all your overtime hours paid at time and half with double damages plus attorney’s fees and expenses. You should consult with a Chicago, IL wage and hour lawyer to determine whether you’re properly classified as salaried.
A very big employment issue that has reared its head the last decade is whistleblower laws, since the trillion dollar a year health care industry is replete with fraud. Medicare Fraud, Medicaid Fraud, and Insurance Fraud, are all too prevalent, but employees have a mechanism to address this via the False Claims Act (FCA) and the Illinois False Claims Act which additionally allows an employee to bring an action on behalf of insurance companies that have been defrauded. These types of whistleblower actions have the potential for big recoveries, since whistleblower awards could be 30% of the recovery, and with billions of dollars a year in fraud, if you do the math, a successful qui tam lawsuit could result in a hundred million dollar whistleblower award.
Illinois has some unique facets about its labor laws. They have a One Day Rest in Seven rule, and the Meals and Breaks Rules.
Illinois One Day Rest in Seven
According to 820 ILCS 140/2 an employee is entitled to one day of rest in every calendar week, although some exceptions apply. Also, there is the ability to obtain a permit for voluntary work for all seven days. 56 Ill. Adm. Code 220.200. While, there may be smoke and fire here for an employer that abuses this section, the ability to bring a private right of action for this alone is suspect.
Illinois Meals and Breaks
Illinois law requires a free uninterrupted meal period of at least 20 minutes for workers who work over 7.5 hours in a day. It may be unpaid within 5 hours after the start of work. 820 ILCS 140/3.
There’s many other nuances of the law, so it’s best to speak with an employment or wage and hour lawyer in Chicago, IL if you think there’s an issue with work. You many not even know how the employer is exploiting you, but they may be doing so by not paying you properly, committing a tip violation with a tip pool or hundreds of others ways the employer cares about profits over people. To learn your rights take the time and enjoy a free consultation with a wage and hour lawyer Chicago, IL relies on who has a track record of success.