Lustig & Associates -
Fair Labor Standards Act
FLSA requires employers to
follow federal guidelines regarding minimum wage, overtime
compensation, exempt workers status, and other workplace
issues. Many employers fail to comply with FLSA regulations
because they do not understand the FLSA or because they
choose to maximize their profits at the expense of their
employees. If you have been denied the compensation you are
owed, we can help you obtain your just compensation.
Common Wage and Hour Violations
● Overtime compensation violations. The FLSA requires that
non-exempt employees receive overtime pay equal to 1.5 times
their regular hourly pay for any hours worked over 40 in a
week.
● Minimum wage violations.
The federal minimum wage is $8.25 per hour.
● Illegally classifying an employee as an independent
contractor
● Pre-shift and post-shift unpaid work time |
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● Improper paycheck
deductions
● Salaried employees improperly required to work more than
40 hours per week
Consequences for Employer Violations
If an employer is subject to the FLSA’s regulations and is
not paying you and other employees the wages you deserve,
your employer may be liable for any outstanding wages, as
well as a penalty that could be up to twice the amount of
your unpaid wages plus any attorney’s fees that you incur in
order to pursue your claim.
The following employees are exempt from overtime pay:
● executive, administrative or professional employees as
defined by the Fair Labor Standards Act
● commissioned employees defined by Section 7(I) of the Fair
Labor Standards Act, agricultural workers
● Salesmen and mechanics involved in selling or servicing
cars, trucks or farm implements at dealerships
The Illinois’ statute of limitations is 3 years so unpaid
overtime can be collected up to three years from the date
earned.
The following can be deducted from employees’ checks:
● Deductions required by law, such as taxes
● Deductions that benefit the employee, such as union dues,
health insurance premiums, etc.
● Deductions pursuant to wage assignments or wage deduction
orders
● Deductions that the employee has given written consent for
Employers are required to furnish employees with an itemized
statement of deductions for each pay period. Employees of
the City of Chicago, METRA, CTA, CHA, Chicago Park District,
Chicago Board of Education and Chicago City Colleges may be
subject to other deductions.
Employers are required to pay employees at least
semi-monthly (twice a month). Commissions and executive,
administrative and professional employees may be paid once a
month. Wages must be paid no later than 13 days after the
end of the pay period.
We have extensive experience representing both employers and
employees in FLSA litigation. This experience gives the
lawyers at Lustig & Associates a unique perspective of these
types of claims. If you have been denied overtime pay or
have been sued for failure to pay overtime or minimum wages,
call us for a free consultation. |
