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Ncx1701e
09-23-2005, 04:27 PM
Hello, this is my first posting.

I work for a non for profit church in chicago as a part time employee from july 2003 til Dec 31, 2003 before I was promoted to a salaried position. During the duration of my part time employment I would sometimes work over 40 hrs and as much as 60 hours a week. I was never paid overtime, just recieved my regular pay.
Am I entitled to overtime pay?
Is it too late to ask for the overtime pay?

FYI - On February 2005, when I was let go from the church, I signed a terminiation agreement. On the agreement there is no mention of waiving any past overtime pay, but there is a section on the agreement that states "By signing this agreement, you are accepting this severance package and agreeing to waive all rights to future claims." Does this void any elgibility of past overtime pay ???

MAB

Pattymd
09-24-2005, 08:45 AM
Such a clause in the agreement would probably not preclude you from filing the claim for unpaid overtime, because there was an actual violation of wage and hour law. However, the statute of limitations has long past to file with the Dept of Labor.
http://www.state.il.us/agency/idol/forms/pdfs/FLSMWO04.PDF

You might want to consider getting advice from an attorney as to whether you could file a civil suit at this time. In the future, don't wait so long.

Ncx1701e
09-26-2005, 10:37 AM
Thank you for the information, just one question.

Following the link you provided http://www.state.il.us/agency/idol/...fs/FLSMWO04.PDF

The document that appears says "Complaints must be filed within one (1) year from the date of separation of employment or within one
(1) year after the alleged underpayment, whichever occurred later."

Does this mean that since the alleged underpayment was in 7/2003 -12/2003, and the actual date of seperation was 2/2005, I am still able to file since I am still within one year from the date of seperation which occured later ? (hope it makes sence)

Actually other questions.
Is the entire process complicated? Is it actually worh it? Do I have anything to lose if file?

Pattymd
09-26-2005, 03:05 PM
Good catch. I completely missed that. Yes, file now. It's free and pretty easy and you have nothing to lose.

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