Lost Wages and Commissions

The Fair Labor Standards Act Litigation

The FLSA is the Federal law which sets minimum wage, overtime, recordkeeping, and youth employment standards.

The minimum wage for covered nonexempt workers is not less than $7.25 per hour effective July 24, 2009. With only some exceptions, overtime ("time and one-half") must be paid for work over forty hours a week. Child labor regulations prohibit persons younger than eighteen years old from working in certain jobs and additionally sets rules concerning the hours and times employees under sixteen years of age may work.

More than 143 million American workers are protected (or "covered") by the FLSA, which is enforced by the Wage and Hour Division of the U.S. Department of Labor. There are two ways in which an employee can be covered by the law: "enterprise coverage" and "individual coverage."

Enterprise Coverage Employees who work for certain businesses or organizations (or "enterprises") are covered by the FLSA. These enterprises, which must have at least two employees, are: (1) those that have an annual dollar volume of sales or business done of at least $500,000 (2) hospitals, businesses providing medical or nursing care for residents, schools and preschools, and government agencies.

Individual Coverage, even when there is no enterprise coverage, employees are protected by the FLSA if their work regularly involves them in commerce between States ("interstate commerce"). The FLSA covers individual workers who are "engaged in commerce or in the production of goods for commerce."

Examples of employees who are involved in interstate commerce include those who: produce goods (such as a worker assembling components in a factory or a secretary typing letters in an office) that will be sent out of state, regularly make telephone calls to persons located in other States, handle records of interstate transactions, travel to other States on their jobs, and do janitorial work in buildings where goods are produced for shipment outside the State.

Also, domestic service workers (such as housekeepers, full-time babysitters, and cooks) are normally covered by the law.

If an employer has violated the FLSA, the employer may be subject to either an individual or class civil action in federal court. Under the FLSA, 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.

If you believe that your employer has violated the law, call Holman & Stefanowicz, LLC at 312-258-9700 for a free evaluation of your potential claim. We can help determine whether you have a claim.

 

Illinois Minimum Wage Law Litigation

Wage law in Illinois is set forth in 820 ILCS 105/1, et seq, and is known and cited as the "Minimum Wage Law". Currently, the Statute guarantees a minimum wage of $8.25 per hour for non-tipped workers 18 years of age and older; workers under 18 may be paid $.50 per hour less than the adult minimum wage. Credit for tips may not exceed 40% of the applicable minimum wage. Employers may apply for licenses to pay sub-minimum rates to learners and certain workers with physical and mental limitations. Overtime must be paid after 40 hour of work per week at time and one-half the regular rate. The minimum wage in Illinois is set to change in January of 2020. In February of 2019 Governor Pritzker signed a bill that sets the state's minimum wage on an upward path to reach $15 per hour by 2025.

It is important to note that an employee cannot waive his or her right to overtime compensation and must be compensated for all time worked.

If an employer has violated the IMWL, the employer may be subject to either an individual or class civil action in federal court. Under the 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.

If you believe that your employer has violated the law, call Holman & Stefanowicz, LLC at 312-258-9700 for a free evaluation of your potential claim. We can help determine whether you have a claim.

 

The Illinois Wage Payment and Collection Act (IWPCA) Litigation

The IWPCA requires that employers in Illinois must pay each employee for all time that the employee worked, including any "final compensation" (such as earned commission payments, full payment for agreed-upon hourly and overtime rates, and accrued vacation pay), within two weeks of the end of the period in which the wages were earned. The IWPCA further regulates final compensation upon the end of employment, and makes it unlawful for any employer to deduct wages from an employee's paycheck without the written consent of the employee. An employer acting in violation of the IWPCA may have to pay the employee up to twice the sum of the unpaid wages, plus a statutory penalty of two percent for each day that the payment is past due.

If you believe that your employer has violated the law, call Holman & Stefanowicz, LLC at 312-258-9700 for a free evaluation of your potential claim. We can help determine whether you have a claim.

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