Plain-English explanation.
Overtime claims often depend on hours worked, job duties, pay records, and whether the employer ignored off-the-clock work. The strongest analysis usually starts before the legal label. It starts with the timeline, the documents, the people involved, and the consequences. GB Law looks for the facts that show what changed, who made the decision, and whether the record supports the stated reason.
For clients, these matters can affect income, references, discipline, certification, professional standing, and future work. The goal is not to overstate a claim. The goal is to understand whether the facts support a serious legal strategy and whether the matter is a fit for direct attorney attention.
Does this sound familiar?
- You regularly worked more than 40 hours but received the same flat salary.
- You were told you were exempt because of a title, not your actual duties.
- Off-the-clock work (email, on-call, travel) was treated as unpaid.
- Your employer averaged hours across multiple weeks instead of computing overtime weekly.
- Bonuses and commissions were not included in the regular rate when calculating overtime.
- Tipped employees received only the tipped minimum wage but did not earn enough tips.
- Schedules were edited after the fact to remove overtime hours.
What the law may protect.
The FLSA requires overtime pay for non-exempt employees who work over 40 hours in a workweek. The Illinois Minimum Wage Law mirrors and in some cases expands these protections. The FLSA provides for unpaid wages, liquidated damages equal to the unpaid wages, attorney fees, and costs. Willful violations extend the statute of limitations to three years. Class and collective actions are available for similarly situated workers.
Different deadlines and procedures can apply depending on whether the matter involves a private employer, public employer, agency proceeding, wage claim, constitutional claim, or administrative decision. That is why early review matters.
What evidence should you save?
- Pay stubs and direct deposit records.
- Time records, punch records, and any electronic time-tracking app data.
- Job description and a list of actual duties (used for the duties test).
- Schedule documents and shift logs.
- Records of off-the-clock work: email metadata, on-call logs, customer-facing app records.
- Bonus and commission records, which can affect the regular rate.
- Communications about classification, exemptions, or overtime.
Deadlines to know.
FLSA claims have a two-year statute of limitations, extended to three years for willful violations. The Illinois Minimum Wage Law has a three-year statute. Each pay period that contains a violation typically resets the clock for that period. Filing earlier captures more back-pay damages.
Questions people ask.
How is the regular rate calculated?
The regular rate is total non-overtime compensation in the workweek divided by hours worked. It includes most bonuses, shift differentials, and commissions, not just the hourly rate.
What are the FLSA white-collar exemptions?
Executive, administrative, professional, computer-professional, and outside-sales exemptions all require both a minimum salary and a specific set of duties. Job title alone is never enough.
Can my employer require me to be on call without pay?
It depends on the constraints. If the on-call time is so restrictive that the employee cannot use it for personal purposes, the time is compensable.
What if my coworkers and I were all underpaid?
Collective actions under the FLSA and class actions under Illinois law allow groups of similarly situated workers to pursue claims together.