Wage & Hour Violations
Fighting for Fair Compensation
One of our missions at Malkinson & Halpern, P.C. is to help you make sure you get all the compensation you have earned at work. If your employer fails to pay you for all the time you work or requires you to work overtime without paying you time and one half, we can represent you and your coworkers to make sure you are paid for all of your work.
Unpaid overtime is the most common Fair Labor Standards Act (FLSA) violation. Companies are required to pay all "non-exempt" employees for all their time worked, and time-and-a-half for anything beyond 40 hours in any given work week.
Employer Strategies Causing Unpaid Wages
Many employers use different tactics to keep money out of your pockets and in their bank accounts. Malkinson & Halpern, P.C., is ready to help employees fight back against these unfair compensation schemes.
Exempt Employees
Supervisors, executives, and certain other salaried employees are exempt from overtime laws. But just because you receive a salary doesn't mean you shouldn't get overtime. Your employer may have improperly identified you as "exempt" and deprived you of overtime.
Employees vs. Independent Contractors
To avoid paying for benefits, vacations, and overtime, some employers improperly label workers "independent contractors." This can have serious tax consequences for the employee and cost them thousands of dollars every year in unpaid wages and overtime. An independent contractor status isn't just a label. If your boss wants the wage benefits of hiring an independent contractor, then he or she has to give you the freedom that comes with it. If your employer is pairing independent contractor compensation with employee-level supervision, you may have a claim for wage and hour violations. At Malkinson & Halpern, P.C., we can help you fight for your identity as an employee and the benefits that go with it.
Off-the-Clock Work
Your employer has to pay you for all your work. It doesn't get to identify some of what you do as "off-the-clock." You may have a claim for unpaid wages if your employer asks you to work:
- Before clocking in;
- During lunch breaks;
- After your shift is over;
- From home, after hours; or
- Remain on call after hours.
Similarly, your boss cannot avoid overtime by scheduling a "fluctuating work week," off-setting overtime work one week by giving you fewer hours the next.
Wage & Hour Violation Compensation
If you have been the victim of wage and hour violations, Malkinson & Halpern, P.C., can help you file complaints with the Illinois Department of Labor and in civil court. You may be entitled to compensation for your unpaid wages, with interest, as well as "liquidated damages" designed to encourage employers to change their practices. You may also be compensated for your attorney fees and costs under the FLSA and various Illinois statutes.
Free Consultation
You have the right to be compensated for your work. If you believe your employer has violated the Fair Labor Standards Act or any other law by failing to pay you all the wages you have earned, contact Malkinson & Halpern, P.C., today to schedule a free consultation.
