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Have a Legal Question?
Federal laws provide protection for employees against abusive treatment by their employers, helping to prevent discrimination, while providing a fair wage.
FLSA and Fair Wages for Overtime
The Fair Labor Standards Act of 1938 (FLSA) requires an employer to pay employees 150% of their regular hourly rate for any work-hours that exceed 40 hours during a regular work week. Some employers attempt to override the law by claiming certain employees are exempt due to their managerial duties, or some other exception. While there are valid reasons that allow an employer to exempt employees from being paid 150% of their hourly rate for overtime, these exceptions are not as prevalent as many employers would have their employees believe.
Report Problems to Department of Labor’s Wage and Hour Division
Many employees fear retaliation from their employer if they report them to the Department of Labor’s Wage and Hour Division. However, there are also whistle blower laws that protect an employee from retaliation when they report violations or non-compliance by an employer failing to provide a fair wage for the hours they work. Regardless of the laws in place to protect employees, many employees still fear retaliation and the loss of their jobs, which is likely the reason that the U.S. Department of Labor states that approximately 70% of all employers across the U.S. fail to comply with wage and hour laws.
Even though Federal law only requires an employer to pay a minimum wage of $7.25 per hour, Illinois State Law sets minimum wage at $8.25 per hour unless the employee is paid approximately 40% of their wages in tips; then the employer is given a 40% credit, but they are not allowed to retain any portion of the tips for themselves.
Employment Law for Employees
Goldman & Ehrlich have assisted a multitude of clients in the recovery of unpaid wages, in addition to liquidated damages for being underpaid. We will fight for your fair wage; an employee’s right to receive payment for the work they have performed for their employer. Contact us today to get started on your case!