The Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (“FLSA”) contains provisions setting the federal minimum wage. Currently, the federal minimum wage is $5.85 per hour. The FLSA also contains provisions which define the payment of time and a half (“overtime”). Generally, employers must pay non-exempt hourly employees overtime for all hours worked in excess of forty in one work week.
The Illinois Minimum Wage Law, 820 Ill. Comp. Stat. 105/1-15 (“IMWL”) contains provisions setting the state minimum wage for Illinois, Currently, the Illinois state minimum wage is $7.50. If both the FLSA and the IMWL apply to an employee, the employee is entitled to earn the higher of the minimum wages set forth in the statutes. The IMWL, like the FLSA, contains overtime provisions which mandate that non-exempt hourly employees must be paid time and a half for all hours worked in excess of forty hours in one work week.
An employee cannot waive his or her right to overtime compensation, and must be compensated for all time worked.
The FLSA and IMWL apply to any employer of at least one employee, and may apply to employees who have not been paid minimum wage, or who have not been paid for overtime work, time spent donning and/or doffing, meal time, or travel time. Employers who “round” their employees’ clocked time may also face penalties under the FLSA and IMWL.
If an employer has violated the FLSA or IMWL, the employer may be subject to either an individual or class civil action in federal court. Under the FLSA and IMWL, an employee can collect unpaid wages for the period of two years preceding the filing of a complaint. If the employer knew of the violation and committed the violation willfully, the employer can recover one additional year of unpaid wages. Further, an employee is entitled to recover an amount equal to the unpaid wages in liquidated damages, as well as reasonable attorneys’ fees and costs.
In addition to civil claims in a court of law, claims for unpaid wages or minimum wage violations can be filed at the Department of Labor.
If you have questions about your rights under the FLSA or IMWL, or feel that your employer may have violated the FLSA or IMWL, contact Caffarelli & Siegel Ltd. to speak to a Chicago Employment lawyer. |
