Illinois - An employee works piecework (pw) (writes on a log) and hourly (punch on time clock) throughout the week. He is paid 30% of pw and 12.00 per hour for hourly. Supposedly this is how it works. If pw is greater than what his hourly pay is he will be paid for the pw. If hourly pay is greater than pw pay it, the hourly pay would cancel out the pw AND he would only be paid for 80% of the hours worked. So if he earned 500 worth of pw but put in 60 per work (doing other tasks - not pw) he would not get paid for the pw (because it's less than the hourly pay) and he would be paid for 48 hours (80% of hours worked). To make it more complicated even though he is regularly scheduled to work 40, he is considered part time (they don't want to pay insurance I think-lousy but not illegal). But "because he's part time" he doesn't get paid time and a half for the 8 hours.

I know the time and a half is illegal - straight up. But to only pay him 80% of hours worked - how can that be legel?

So, what is he doing for the $12/hr when he is not producing "pieces"?

working in the warehouse, installing those pieces and/or other pieces as necessary to complete final assignment.

If the hourly pay cancels out the piecework pay, then he has to be paid for ALL hours worked, including time-and-a-half for hours in excess of 40 in a workweek. He should contact the state Dept. of Labor and file a claim for unpaid wages and unpaid overtime.

That is what I suspected - now it's a matter of does he go to the labor department and risk losing his job, which he really needs, or try to keep dealing with his employer (although that has been fruitless). I realize it's illegal to fire as a result of a complaint filed but they can always make up something - at will and all.

Well, if they do fire him, he can always add a wrongful termination suit to the repertoire. Then at least the employer would have to prove that they didn't fire him solely because he filed an unpaid wage claim.