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Understanding Wage and Hour Disputes and How Barrett & Farahany Can Help

Every employee deserves fair compensation for their work. Unfortunately, wage and hour disputes are a frequent reality for many workers, arising when employers fail to adhere to wage laws and regulations. These disputes can include:

  • Unpaid overtime
  • Minimum wage violations
  • Employee misclassification
  • Failure to provide mandatory rest breaks
Age Discrimination

The Chicago wage & hour dispute attorneys at Barrett & Farahany will guide you through the complexities of wage and hour disputes, explain the laws protecting employees, and outline actionable steps you can take if you find yourself in such a situation. You’ll also learn how the experienced attorneys at Barrett & Farahany in Chicago, Illinois, can help you protect your rights and seek the compensation you deserve.

What Are Wage and Hour Laws?

Wage and hour laws exist to safeguard employees, ensuring they receive fair payment for their work. These laws are governed by federal and state regulations and serve as a vital framework to prevent exploitation in the workplace.

Fair Labor Standards Act (FLSA)

The FLSA is a federal law that establishes crucial labor standards, including:

Minimum wage:

Employers must pay employees at least $7.25 per hour at the federal level (states may enforce higher minimum wages).

Overtime pay:

Employees are entitled to overtime pay, calculated as 1.5 times their regular hourly rate, for hours worked over 40 in a week.

Record-keeping:

Employers are required to maintain accurate records of employees’ wages, hours worked, and other employment details.

State Wage and Hour Laws

Many states have their own wage and hour laws, which often offer more extensive protections for employees. Some states mandate higher minimum wages, require meal or rest breaks, or additional overtime regulations.

For example, as of July 1, 2024, the minimum wage in Chicago is $16.20 per hour for employers with four or more employees. For tipped employees in the city, the minimum wage is $11.02 per hour plus tips. Knowing both federal, Illinois state, and Chicago laws is essential to understanding your rights as an employee.

These laws ensure fair compensation and working conditions for employees in Chicago and Illinois. For more details, you can explore resources like the Chicago Office of Labor Standards and the Illinois Department of Labor

Common Wage and Hour Disputes

Wage and hour disputes can take many forms, all of which can significantly impact an employee’s financial well-being and career. Here are some of the most common issues:

1. Unpaid Overtime

Under the FLSA, employees working more than 40 hours a week are generally entitled to overtime pay. Employers may attempt to deny this by misclassifying exempt and non-exempt workers or discouraging employees from reporting extra hours.

2. Minimum Wage Violations

Businesses failing to provide the federal or state-mandated minimum wage violate employees’ rights. Situations like illegal deductions or manipulation of tips can also result in workers earning less than they are entitled to.

3. Employee Misclassification

Employers sometimes misclassify employees as independent contractors to circumvent paying overtime, withholding taxes, or offering benefits. If misclassified, individuals lose crucial protections provided by wage and hour laws.

4. Meal and Rest Break Violations

Employees may legally be entitled to rest and lunch breaks, depending on their state. Some employers fail to offer these breaks or do not compensate workers for time spent working during them.

5. Wage Payment Denial

Mistakes or outright refusal to pay earned wages can create severe financial strain for employees, who may need to take legal action if communication with the employer fails.

6. Wage Discrimination

Wage discrepancies based on protected characteristics such as race, gender, age, or disability are illegal under the Equal Pay Act of 1963 and similar regulations.

What to Do If You Are Facing a Wage and Hour Dispute

If you believe your employer has violated your wage and hour rights afforded to you by federal law, Illinois law, or Chicago law, take swift, informed action is critical. Here are the steps to follow:

1. Keep Detailed Records

Document your work hours, compensation, and any incidents involving missing wages, denied breaks, or other workplace disputes. These records can serve as vital evidence for your claim.

2. Review Employment Laws

Familiarize yourself with federal and state wage and hour laws. Resources from the U.S. Department of Labor or your state labor office can provide clarity about what you are entitled to.

3. Report the Issue to Your Employer

Address your concerns with your employer or HR department. Keep a written record of all communications to support your claim if the issue escalates.

4. Avoid Signing Waivers

Don’t sign any agreements, waivers, or settlements without consulting an attorney. These documents can potentially waive your rights to pursue legal action.

5. Consult an Attorney

Speak with an experienced Chicago employment lawyer. They can assess your case, outline your options, and represent your interests, ensuring you receive the compensation you deserve.

6. File a Complaint with a Government Agency

If internal reporting efforts fail, you can file a complaint with the U.S. Department of Labor’s Wage and Hour Division (WHD) or your state’s labor agency. These entities investigate claims and enforce wage and hour laws.

7. Connect with Coworkers

Discuss concerns with colleagues who may face similar issues. Under the National Labor Relations Act (NLRA), this is generally protected, and collective claims may strengthen your case.

How Barrett & Farahany Can Help

When it comes to protecting employee rights, the experienced attorneys at Barrett & Farahany are here to fight for justice. With extensive experience in labor law, our team focuses on assisting workers like you in wage and hour disputes. Here’s why we stand out:

  • Comprehensive Legal Skill: From unpaid overtime cases to employee misclassification, we handle all types of employment law issues.
  • Client Dedication: We understand the financial, emotional, and professional toll of workplace injustices. Our goal is to advocate for your rights with compassion and determination.
  • Proven Results: Our track record includes successfully representing employees in significant cases, securing the compensation and justice they deserve.

Legal Services We Offer

  • Determining whether an employer has violated wage or labor laws.
  • Gathering evidence to build a compelling case.
  • Filing a claim with entities like the EEOC or the Department of Labor.
  • Representing you in mediation, arbitration, or court, if necessary.

Don’t allow an employer to deny you fair compensation or disregard your rights. Instead, reach out to Barrett & Farahany for legal guidance and representation.

How is Human Resources Supposed to Handle Discrimination

Taking Action and Seeking Justice With Barrett & Farahany

Understanding wage and hour laws empowers you to protect your rights in the workplace. From unpaid overtime to misclassification, these disputes can significantly impact workers around the country. If you’re involved in a wage and hour dispute, act quickly by documenting your claim, consulting legal attorneys, and pursuing the resolution you deserve.

If you believe your rights have been violated, contact the Illinois employment law attorneys at Barrett & Farahany today.

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Barrett & Farahany

Georgia Office

2921 Piedmont Road
Atlanta, GA 30305
334-237-7773

Alabama Office

120 19th Street North Suite 249,
Birmingham, AL 35203
866-951-0903

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77 W. Wacker Dr. Suite 4500
Chicago, IL 60601
773-337-7999

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Existing Clients: 866-989-0120

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