What Damages Can You Seek in a Claim for Unpaid Overtime in Chicago?

You may not think a few unpaid overtime hours are much to complaint about, but those wages can add up quickly. If you don’t bring these issues to your employer’s attention, payroll errors will probably occur more frequently. An overtime attorney in Chicago can help you determine what financial damages you can recover. In many cases, your overtime wages aren’t the only damages you can seek.

Claiming Unpaid Wages

If you haven’t been paid your overtime wages, which includes earning time and a half for any time worked over 40 hours, you are owed that money. In most states, you have a right to claim unpaid wages for up to two years, although you should pursue a claim as early as possible. Even if you were paid your regular pay for overtime hours, you still have the right to seek damages equivalent to the difference.

Earning Interest on Unpaid Wages

This is another issue that varies based on the state in which your work. Some states compel employers to pay interest on unpaid wages, while other states charge liquidated damages instead. Liquidated damages require paying an amount that’s predetermined by the state. It’s not uncommon for an employer to pay interest or liquidated damages that’s equivalent to the amount owed in unpaid wages.

Penalties and Court Fees

The court may also impose a fee upon your employer, which is to be paid to you. Typically called “waiting time,” this fee can come to as much as your wages in a 30 day period. When it can be shown that the employer deliberately withheld wages, fees and penalties are usually higher. Your employer will also have to pay your court fees and the fees owed to your overtime attorney in Chicago. This is done to ensure your pursuit of unpaid wages won’t cause you an additional financial hardship.

You can schedule an initial consultation to review your case with Caffarelli & Associates Ltd. by visiting them online.

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