My ex employer didn’t pay me my extra hours pay

I was working with a company. I left the job about 5 months ago. I used to work more than 40 hours some weeks. My employer said me that I will get my money back 45 days after resignation. However, its more than 100 days now but I haven’t received my money yet. What should I do?

Asked on June 14, 2017 under Employment Labor Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

For the purposes of this answer, we will assume you were an hourly employee, since if you were salaried, you would not have been entitled to extra pay when working more than 40 hours per week (your weekly salary would have been your total compensation, no matter how many hours you worked in a week).
Hourly employees must not only be paid for all hours worked, but also be paid overtime (time-and-a-half) when working more than 40 hours in a week--that's the law (e.g. the Fair Labor Standards Act, or FLSA). Contact your state department of labor (which enforces the wage laws) to file a wage-and-hour complaint for unpaid base pay and overtime.

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