BRIAN J GRABER LLC is a federal wage & hour lawyer representing nonexempt Illinois, Indiana, and Michigan employees who are not paid minimum wages and overtime in violation of federal wage & hour law known as the Fair Labor Standards Act, (FLSA), 29 U.S.C. 201, et seq. The FLSA is a federal law requiring covered employers to pay non-exempt employees minimum wages and overtime.
Federal Minimum Wage Law
The FLSA, 29 U.S.C. 206(a) requires covered employers to pay non-exempt employees in Illinois, Indiana, and Michigan minimum wages of at least $7.25 per hour effective July 24, 2009. However, federal wage & hour law under the FLSA, 29 U.S.C. 206(a) only sets the floor for minimum wage. States like Illinois and Michigan are free to set a higher minimum wage higher than the federal minimum wage of $7.25 per hour. In cases where an employee is subject to both State and federal minimum wage laws, the employer is entitled to the higher minimum wage law. Currently, the minimum wage in Illinois, Indiana, and Michigan are as follows:
- Illinois minimum wage is $15.00 per hour (as of 1/1/25);
- Indiana minimum wage is $7.25 per hour;
- Michigan minimum wage is $10:56 per hour until 2/20/25, (increasing to $12.48 per hour on 2/21/25).
Illinois and Michigan are States with a higher minimum wage law than the minimum wage required under the FLSA, 29 U.S.C. 206(a). Indiana’s minimum wage mirrors federal minimum wage law. Click here to see the different minimum wage categories in the United States. Click here to see a consolidated Minimum Wage Table under State and Federal law. Click here to learn about your rights under Illinois law to minimum wages. Click here to learn more about your rights under Indiana law to minimum wages.
Tipped employees are people employed in occupations that customarily and regularly receive more than $30.00 a month in tips. Under the FLSA, an employer must pay tipped employees at least $2.13 an hour in wages. Click here to learn more about your rights as a Tipped Employee under the FLSA.
Federal minimum wage law does not apply to independent contractors. However, a covered employer misclassifying an employee as an independent contractor may be in violation of the FLSA minimum wage law. Click here to learn more about misclassifying employees as independent contractors to avoid federal minimum wage law. Federal minimum wage law, 29 U.S.C. 213(a)(1) exempts employees from minimum wage requirements employed in bona fide executive, administrative, or professional capacities. Many other exemptions from federal minimum wage law may apply. Click here to learn more about exemptions from minimum wage pay.
Contract BRIAN J GRABER LLC, a federal wage & hour lawyer, at the Illinois office: (312) 291-4648 or the Indiana office: (574) 395-5189 or Michigan: (269) 230-6054 for a free confidential consultation if you believe your employer is violating your rights under federal wage & hour law to minimum wages.
Federal Overtime Law
Federal wage & hour law known as the Fair Labor Standards Act, (FLSA), 29 U.S.C. 207(a)(1) requires covered employers to pay non-exempt employees overtime pay for all hours worked over 40 hours in a workweek at a rate of not less than one and one-half times their regular hourly rate. Under the FLSA, 29 U.S.C. 207(a)(1) a non-exempt employee is not entitled to overtime pay until he or she has worked over 40 hours in a workweek. Click here to learn more about overtime pay under the FLSA and how to calculate overtime pay.
The FLSA, 29 U.S.C. 207(a)(1) does not require a covered employer to pay a non-exempt employee overtime pay for work on weekends, holidays, or regular days of rest unless the employee has already worked 40 hours in the workweek. The FLSA, 29 U.S.C. 207(a)(1) does not limit the number of hours an employee may work in a workweek. The FLSA, overtime provisions of 29 U.S.C. 207(a)(1) do not apply to independent contractors. However, an employer can violate the overtime provisions of the FLSA by misclassifying a non-exempt employee as an independent contractor. Click here to learn more about how employers misclassify employees as independent contractors to avoid overtime pay in violation of the FLSA.
Federal overtime law, 29 U.S.C. 213(a)(1) exempts certain employees from overtime pay who are employed in bona fide executive, administrative, or professional capacities. Click here to learn more details about these exemptions. Certain other employees may be exempted from overtime requirements under 29 U.S.C. 213(b). Click here to learn more about these overtime pay exemptions.
Contact BRIAN J GRABER LLC, a federal wage & hour lawyer, at the Illinois office: (312) 291-4648 or the Indiana office: (547) 395-5189 or Michigan: (269) 230-6054 for a free confidential consultation if you believe your employer is violating your rights under federal wage & hour law to overtime pay.
Statute of Limitations
Generally, the FLSA, 29 U.S.C. 255(a) requires claims for back wages be filed within two years after the cause of action accrued, and every such action shall be forever barred unless commenced within two years after the cause of action accrued, except a course of action arising out of a willful violation may be commenced within three years after the cause of action accrued.
Remedies for Federal Wage & Hour Law Violations
Under Federal Wage & Hour Law, FLSA, 29 U.S.C. 216(b) any covered employer violating a non-exempt employee’s rights to minimum wages and/or overtime pay is liable for the amount of the unpaid minimum wages and/or overtime pay and an additional amount equal to those unpaid minimum wages and/or overtime wages known as liquidated damages and commonly referred to as “double damages.” Liquidated damages are awarded against covered employers unless the employer can meet its burden to prove a defense under 29 U.S.C. 260. Federal wage & hour law, FLSA, 29 U.S.C. 216(b) allows successful employees to recover reasonable attorney’s fees and court costs.
Nonexempt employees can file administrative claims with the U.S. Department of Labor Wage & Hour Division or file a lawsuit against their employer for any unpaid minimum wages and/or overtime pay. Click here to learn how to file a complaint with the U.S. Department of Labor’s Wage & Hour Division. Click here to learn the location of the nearest U.S. Department of Labor office near you.
Contact BRIAN J GRABER LLC, a federal wage & hour lawyer at the Illinois office: (312) 291-4648 or the Indiana office: (547) 395-5189 or Michigan: (269) 230-6054 for a free confidential consultation if you believe your employer is violating your rights under federal wage & hour law to minimum wages and/or overtime pay.
Federal Wage & Hour Retaliation Claims
Federal wage & hour law, under the Fair Labor Standards Act, 29 U.S.C. 215(a)(3) makes it a violation of federal law for employers to terminate or in any manner discriminate against employees insisting on their rights to be paid minimum wages and overtime pay. Click here to learn about federal wage & hour retaliation claims. Click here to learn about Illinois wage & hour retaliation claims. Click here to learn about Indiana wage & hour retaliation claims. Contact BRIAN J GRABER LLC, a federal wage & hour lawyer at the Illinois office: (312) 291-4648 or the Indiana office: (547) 395-5189 or Michigan: (269) 230-6054 for a free confidential consultation if you believe you were fired or otherwise retaliated against for insisting on your rights under the Fair Labor Standards Act, (FLSA), 29 U.S.C. 215(a)(3) to receive minimum wages and overtime pay.