What can I do for non-payment of reported work?

For just over a year I was a full-time employee at a company. Before and after work I was able to work additional hours for bonus’s that were tracked through a scheduling system. Monthly I was report these session for a flat rate per hour and have this money attached to my next check. I have not been paid for 3 months worth of work (about $1,000). I since have moved into an independent contractor postion with the same company. I have emails documenting the delay in payment. Do I have a case?

Asked on August 16, 2012 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If  you were an hourly employee previously, the employer was required to pay you for all hours worked--including paying you at the overtime rate for any time you worked more than 40 hours in a single workweek. Or if you were a salaried employed, the employer could legally pay you extra for additional work, over and above your normal employment--and if there was a demonstrable agreement in place to do so, such an agreement is enforceable. Therefore, from what you write, it seems you may have grounds to sue the employer for the money--and possibly even (depending on the circumstances) for overtime, too.


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