Employment Law Lawyer in Chicago, IL
Employment Law Overview
Chicago, Illinois Wage Recovery Attorneys
Unpaid Wages for Employees Misclassified as Exempt from Overtime Compensation
The Law Offices of Kevin J. Dolley is a nationwide employment law and overtime law firm that provides highly experienced wage and hour counsel to employees who are improperly misclassified and wrongfully denied overtime compensation. The two most common types of misclassified workers are those who are misclassified as salaried and wrongfully denied overtime compensation and workers who are misclassified as independent contracts. The firm’s overtime attorneys bring claims for recovery of unpaid wages under the federal Fair Labor Standards Act (FLSA).
Chicago Federal Employment Law, Wage and Hour Law
Attorney Kevin J. Dolley reviews particular employment situations with workers to determine whether they have been improperly classified by their employer. The firm’s wage and hour attorneys are aggressive advocates for workers in ensuring that earned compensation is properly recovered. The firm is currently litigating a number of class and collective action cases filed in federal courts to recover unpaid wages for employees.
Employees Misclassified as Exempt from Overtime Compensation
The proper classification of employees is based upon the tasks and authority provided to an employee within the corporate structure of a particular business. Failure to properly classify an employee may result in the need for litigation to collect unpaid wages and back-pay for hours worked in excess of 40 hours per week, off-the-clock work, work through meal and rest breaks, unpaid vacation pay, and reimbursement of business and travel expenses.
Chicago workers are entitled to overtime compensation at time and a half the regular rate of pay, unless exempt under certain narrow exceptions. In order to be subject to an exemption from overtime compensation, an employee must have authority, for example, to hire, fire promote and supervise other workers. Many employers intentionally misclassify employees as exempt to limit compensation and increase company profits. Our firm commonly reviews employee job descriptions, personnel manuals, payroll records, and information on employment duties to evaluate whether an employee has been misclassified.
Legal Assistance for Misclassified Chicago Workers in Federal Court
Types of employees who are commonly misclassified as exempt from overtime compensation include: assistant managers, agricultural, service industry, inside sales, field technicians, repair workers, construction, drivers, inside sales representatives, telecommunications, mortgage and loan officers, service technicians, repair workers, and computer technology specialists. These employees are commonly designated as exempt but should be classified as non-exempt employees subject to payment of overtime compensation.
Employees Misclassified as Independent Contractors
A common wage and hour problem is the misclassification of employees as independent contractors. There are IRS factors that are commonly analyzed in determining whether an employee should be properly classified as an employee and not as a 1099 independent contractor. Failure to properly pay wages has an impact on proper payment of employee taxes, benefit contributions, FICA, health insurance and pension benefits.
Contact a Chicago, Illinois Federal Wage and Hour Lawyer
Attorney Kevin J. Dolley works tirelessly on behalf of employees in unpaid wage and overtime compensation cases. For a better understanding of the laws relating to wage and hour disputes, please contact the firm directly. If you or a group of employees believe that you have been improperly misclassified as exempt, contact attorney Kevin J. Dolley directly at 888-505-0246 or by email at Kevin@dolleylaw.com. Wage and hour recovery cases are most commonly handled on a contingency fee basis. Call for a free consultation.
Please feel free to contact me directly with any questions or concerns.
By Appointment Only
Other Frequent Case Types
Read more about other types of cases we often handle.
Areas of Practice
- Employment Law
- Employee Rights
- Unpaid Overtime