Illinois law states that employers must pay their workers extra if they work more than 40 hours in a week. Employers must pay their employees at the overtime rate of time-and-a-half for hours worked beyond 40 in a week. This applies whether the employee is paid by the hour, the day, or for each assignment completed or piece made/assembled.
Once in a while an employer will try to get around Illinois overtime laws by citing an exemption. Some employers have a legitimate claim, while others simply try to save a few bucks by denying employees money they’ve rightfully earned. Only employees that fall within certain definitions are exempt from overtime pay. If your employer has classified you as exempt from receiving overtime pay, contact us. We’ll look into your case and make sure you get the money you deserve.
Employers must pay employees the state-mandated minimum wage of $8.25/hour. This applies to most employees in Illinois including those who are not paid by the hour (piece work, for example) and who receive tips. If you don’t think you are being paid at least the minimum wage, call Brian today.
Final Paycheck / Bonus / Vacation
When an employee leaves a job – either on their own terms or as a result of termination – employers are required to include the employee’s final compensation on the next paycheck. Not only does this include the hours the employee has worked during that pay period, but it also includes:
- Any commissions or bonuses
- Any back pay
- The monetary value of any unused vacation days
- Any other unpaid earnings/compensation
If your last boss never paid you for your unused holidays or earned bonuses, you’ll want to speak to an attorney right away. You rightfully earned it, don’t let your former boss keep your money simply because you no longer see each other face to face each workday.
Severance packages are often offered to exiting employees as a way for companies to cover their tracks, so to speak. A severance package is usually a set of payments for a set period of time extending after a person has left a company. Oftentimes the length of these packages are based on how long the employee was tendered, what position they held, and how they ultimately left the company. You may think this is a way for a company to say ‘thanks’ for all your hard work over the years, but don’t be fooled – they get something out of it too. The typical severance agreement includes a release of any claim the employee may have against the employer and promises from the employee designed to protect the employer’s business. Don’t sign the severance agreement without first calling an Illinois Employment Rights Attorney.
Unemployment Compensation Claims in Illinois
Unemployment pay is designed to help a person keep up with bills and expenses while they are in-between jobs. If you receive unemployment compensation make sure you are still actively seeking employment, and if your claim was denied, don’t assume that’s the end of the road. Educate yourself on the standards the Illinois Department of Employment Security uses in evaluating claims then file your claim. You don’t have much time to file an appeal in the event your claim was turned down. Unless you are thoroughly versed on employment rights, it’s best to have an attorney assist you in this process. Contact the attorneys at Appelman & Lloyd for assistance.