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Missed hours - When should employer pay? Illinois

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  • Missed hours - When should employer pay? Illinois

    On May 15th I was offerred double time to cover a 7 hour shift while my employer was in a real bind due to a call off. I agreed to work it. Never got paid double time on my check. That pay period ended on the 15th. On the next paycheck it was not there either (pay period 16th-30th) Note: that pay period was supposed to be til the 31st but they randomly chose to end it on the 30th. Anyhow.. today I asked if a check for the missing hours could be given to me today. I was told I would have to wait for my check they just can't afford it right now. Is this legal they do this? What is the law with regards to money not paid when it should have been by an employer?

  • #2
    Generally speaking, and this is specific to state law, not federal, overtime must be be paid by the next pay period.

    Let me ask this, though. Did you get paid for working that day at all? Or just straight-time or 1.5 time (if you worked over 40 hours in the workweek that included the day you were called in)?
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    • #3
      Agreed, although technically since neither federal or IL law require the payment of DT, this is not technically overtime at all, just due wages. Which would be a function of IL payday law. The feds have no rules per se on when wage payments are due, and have just deferred to state law (meaning different state-to-state). Federal courts however have said that wages must be paid "when due", and have opined that overtime (which this is not) can be legally deferred to the following pay period.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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