Chicago Wage & Hour Attorneys | Unpaid Overtime & Wage Theft Claims

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Wage & Hour

Chicago Wage & Hour Attorneys

When an employer cuts hours off the clock, misclassifies workers, or refuses to pay overtime, the result is the same:
you did the work, and you should be paid. Randolph & Holloway represents employees across the Chicago area in wage and hour
disputes under the Fair Labor Standards Act (FLSA) and Illinois wage laws.

If you think your paychecks are short, the fastest way to get clarity is to review your role, pay structure, and time records.
Contact us to discuss next steps.

Common claims

Wage & Hour Issues We Investigate

Unpaid overtime

Time over 40 hours not paid at the proper overtime rate, including “salary” arrangements that do not meet exemption rules.

Learn more about unpaid overtime →

Misclassification (independent contractor or “exempt”)

Being labeled 1099 or “exempt” when the reality of the job is hourly, controlled, and overtime-eligible.

Learn more about misclassification →

Off-the-clock work

Pre-shift and post-shift tasks, “automatic” meal deductions, required logins, and other time not counted as hours worked.

Learn more about off-the-clock work →

Minimum wage & tip violations

Minimum wage problems, unlawful tip practices, and pay policies that shift business costs onto workers.

Minimum wage →
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Tip violations →

Final paycheck & unpaid commissions

Withheld final pay, unpaid earned commissions, and disputes over what an employer must pay after termination or resignation.

Final paycheck →
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Unpaid commissions →

Proof matters

What We Look For

Wage and hour cases are document-driven. Even when timekeeping is messy, patterns show up quickly when we compare schedules,
payroll, job duties, and employer policies.

Pay stubs, payroll records, direct-deposit history
Timeclock data, schedules, calendar entries, dispatch logs
Job descriptions, employee handbooks, written pay policies
Texts/emails about shifts, “clock out” instructions, or required tasks
For misclassification: actual duties, supervision, and how work is assigned

If you have questions about what to gather, contact us and we’ll tell you what is most useful based on your role.
Request a free case evaluation.

Government Agencies (Information Only)

Some workers choose to contact government agencies about wage issues. This section is for reference only.
If you want individualized legal advice or litigation representation, contact our office.

U.S. Department of Labor (Wage and Hour Division): WHD information
Illinois Department of Labor: IDOL website

For the federal statute that governs overtime and minimum wage, see the FLSA overview.

Retaliation for Wage Complaints

It is unlawful for an employer to retaliate against an employee for raising concerns about unpaid wages,
overtime violations, or illegal pay practices. Retaliation can include termination, demotion, reduced hours,
schedule manipulation, or discipline after you complain.

If you were punished after questioning your pay, you may have both a wage claim and a retaliation claim.

Learn more about retaliation claims →

FAQ

Frequently Asked Questions About Wage & Hour Claims

How do I know if I’m owed overtime in Illinois?

Overtime eligibility depends on how you are paid and what your job duties actually are. Being paid a salary does not automatically make someone exempt. If you work more than 40 hours in a workweek and are not properly classified as exempt, you may be entitled to overtime.

What counts as “off-the-clock” work?

Off-the-clock work can include required pre-shift setup, post-shift closing tasks, logging into systems, responding to work messages, or working through unpaid meal breaks. If the employer knows (or should know) the work is being performed, it may need to be counted as paid time.

I’m labeled a 1099 contractor. Can I still have a claim?

Possibly. Labels are not controlling. Misclassification claims look at the reality of the work relationship, including control, supervision, the nature of the work, and how the job functions day-to-day.

What should I gather before contacting a lawyer?

Pay stubs, any time records you can access, schedules, written policies, and messages about shifts or clocking in/out are helpful. If you don’t have everything, contact us anyway — we can advise what matters most for your situation.

Do wage cases have to be class or collective actions?

No. Many wage and hour cases are brought individually. In some situations, multiple employees are affected by the same pay practice, which can raise the possibility of a collective or multi-plaintiff case. We typically focus on the fastest, most effective strategy based on the facts.

Free Case Evaluation
Or call: (312) 663-1560

Last Updated on February 21, 2026 by justin

Contents hide

1 Chicago Wage & Hour Attorneys

1.1 Wage & Hour Issues We Investigate

1.1.1 Unpaid overtime

1.1.2 Misclassification (independent contractor or “exempt”)

1.1.3 Off-the-clock work

1.1.4 Minimum wage & tip violations

1.1.5 Final paycheck & unpaid commissions

1.2 What We Look For

1.3 Government Agencies (Information Only)

1.4 Retaliation for Wage Complaints

1.5 Frequently Asked Questions About Wage & Hour Claims