Getting Back Pay For Dual Payroll Violations

For many across Illinois, working multiple jobs is a necessity. Often, workers take on more than one job with a single employer. The Fair Labor Standards Act does not allow a single business to avoid minimum wage and overtime rules by creating a dual payroll system for a single employee.

Since 1987, Billhorn Law Firm in Chicago has served as an aggressive and effective legal resource for workers in Illinois. Our founding lawyer has earned a solid reputation in the legal community, and more importantly with workers who have suffered unlawful pay abuses. We focus exclusive on wage and hour laws. Our commitment to personal service and aggressive advocacy aimed at results can be your advantage in getting the back pay you deserve.

Time-Splitting Violations At Separate Locations Within The Same Company

Businesses with multiple locations often hire employees to work at different locations during the work week. For instance, workers may be hired to report to two sister organizations such as restaurants, retail operations or other facilities, splitting time between each location. In an effort to manage their own records, the employer may try to use a split payroll system — requiring the employee to clock in and out separately at each location.

However, the FLSA does not allow the employer to calculate its minimum wage and overtime obligations separately. For instance, if a worker reports to location A on Monday through Wednesday and to Location B on Thursday through Saturday, working a total of 48 hours for the single employer, the worker is entitled to 8 hours of overtime pay for the work week.

Dual Roles In A Single Location May Violate Wage And Hour Laws

Similarly, employers may attempt to use dual roles in a single location to reduce their costs in service industry occupations that include tipped employees. For example, one worker may be hired to provide significant maintenance or cleaning duties in a restaurant comprising more than 20 percent of his or her workweek, while working as a server receiving tips for the remainder of the week.

In this instance, the employer is not entitled to use the tip credit to calculate minimum wage for the employee's maintenance obligations. At least the full minimum wage must be paid for the maintenance or cleaning role of the worker (many servers and other service industry workers may be required to perform cleaning or set up duties associated with their job; however, these incidental duties must not exceed 20 percent of the overall workweek).

Arrange Your Free Consultation With An Aggressive Wage And Hour Lawyer

To discuss your pay concerns with an accomplished Illinois wage and hour attorney, call 312-445-9137 or 888-408-0401 toll-free or contact us online to request a free consultation. Traductor/intérprete disponible.