What To Know About Employee Wage and Hour Claims 

 Posted on January 22, 2025 in Wage Law

Employers who face employee allegations that they have not properly paid wages have reason to be wary. These wage and hour claims can have financial consequences in the form of litigation or settlement costs, as well as an impact on a company’s reputation and ability to hire and retain employees. For this reason, it is important to understand the types of claims that an employee can bring, as well as recommended actions to take to minimize the risk of litigation. A Schaumberg, IL attorney employment attorney can protect employers from wage and hour claims.

What Are Wage and Hour Claims?

Whether referred to as non-payment of wages claims, wage theft, or wage-and-hour claims, these types of claims allege that an employee violated employment laws related to the payment of wages or benefits owed to an employee. These can arise under the federal Fair Labor Standards Act (FLSA), the Illinois Wage Payment and Collection Act, and other federal and state laws.

What Are Some Common Claims in Wage and Hour Lawsuits?

• Failure to give adequate breaks to employees

• Misclassifying employees as independent contractors

• Paying employees less than the minimum wage

• Not compensating employees for working "off the clock"

• Failure to properly compensate employees for overtime work

How to Minimize the Risk of  Wage and Hour Claims

Comply With Relevant Law

Employers should ensure that they have a compliance program in place setting forth policies for complying with the federal and state patchwork of wage and hour laws. Even small businesses and solo ventures should consult with an attorney to stay ahead of potential legal issues.

Keep Detailed Records

Keeping detailed records of employee information is key to defending against wage and hour actions.  Employers should keep track of employees’ time and overtime worked as well as breaks taken. 

Pay On Time

Employers should ensure that pay goes out to employees in a timely manner. By doing so employers can not only protect themselves legally but create a culture of trust that can help prevent lawsuits.

Audit Frequently

Employers should periodically audit payroll policies and employee handbooks.

Contact a Schaumburg, IL Employment Law Attorney 

At The Miller Law Firm, P.C., we defend employers against employee wage and hour claims. If you face the threat of an employee wage and hour lawsuit, the experienced Schaumburg, IL employment lawyer can represent you to protect your company’s financial and reputational interests. Contact our office at 847-995-1205 for a consultation.