Employment Law Questions? Ask an Employment Lawyer.
Hi, thanks for your question! Are they paying you a set salary based on 30 hours per week? It sounds as if they have possibly misclassified you as an exempt employee under the administrative exception.
To qualify for the administrative employee exemption, all of the following tests must be met:
It sounds as if they have classified you as exempt, whether accidentally or intentionally, when you should not be considered as such. I would highly suggest meeting for a consultation with a local Illinois attorney to discuss your options in pursuing back pay.
If you divided your gross income for 30 hours to get an hourly rate, is your "bonus" an equivalent of your extra hours worked over 30?
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Do they call you a salaried employee? Or hourly? If you are considered hourly by your employer, any week you work over 40 hours, you are legally entitled to time and a half rate pay for the hours over 40. That would typically be due to you on your regular paycheck, not being withheld until the end of the month. If they have not been paying you time and a half for weeks when you've worked over 40 hours, they are in violation of the law. How long have you been working in this situation where they've been paying you this way?
I just wanted to add that the way they are holding back 10 hours of pay in case you need a day off is a violation as well. They're using that as "comp time" and that is illegal under the overtime/wage laws.
Your wage payment as an hourly employee are not subject to meeting your goals. You are absolutely entitled to payment for every hour worked, whether it is 35 or 55. You need to speak to someone in your HR department and make an inquiry and see if you can get this situation rectified and get the back payment you are entitled to as an hourly employee. If they won't cooperate, you need to seek the advice of a local attorney who can proceed with an action on your behalf.
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