You’ve worked the additional hours, yet your paycheck doesn’t reflect that effort. When your employer refuses to compensate you for overtime, it can be both frustrating and confusing. Fortunately, Illinois law supports your right to fair compensation, and there are practical steps you can take to address the issue.
Understand Illinois overtime laws
In Illinois, most employees are entitled to overtime pay when they exceed 40 hours in a workweek. State and federal laws require employers to pay time and a half for each hour beyond that threshold. However, some positions are exempt, including certain salaried roles and jobs within specific sectors. Confirm whether your role qualifies for overtime benefits before pursuing action. Clarifying your classification will help ensure your argument is well-founded.
Document your hours and pay
Accurate documentation is key. Maintain detailed records of your work hours, even if your employer fails to do so. Keep timecards, schedules, emails, and text messages that reflect your work history. Retain your pay stubs and note any inconsistencies. These records serve as critical evidence if you choose to file a formal complaint or escalate the matter.
Ask your employer for clarification
Begin by addressing the discrepancy directly with your employer. Miscommunication or clerical errors sometimes lead to unpaid overtime. Present your records and ask for clarification in a calm, professional manner. If the employer acknowledges the mistake, they may correct it. If they refuse to adjust your pay, you can explore other remedies.
Should your employer decline to resolve the issue, you may file a complaint with the Illinois Department of Labor. This agency investigates wage disputes and can initiate contact with your employer. You may also consider filing under the federal Fair Labor Standards Act through the U.S. Department of Labor. Both avenues provide mechanisms for recovering unpaid wages.
