Wage & Hour

Unpaid Overtime Lawyers in Chicago

Overtime violations are often hidden in plain sight: a “salary” label that doesn’t fit the job, time records that don’t match
the work performed, or policies that push employees to work before clocking in or after clocking out.
If you regularly work more than 40 hours in a workweek and your paychecks do not reflect overtime pay, you may have a claim.

Randolph & Holloway represents employees across the Chicago area in unpaid overtime cases under the
Fair Labor Standards Act (FLSA) and Illinois law.

The basics

When Overtime Pay Problems Happen

Many overtime cases involve a single pay practice that affects multiple workers. Common scenarios include:

Working off the clock

Required tasks before/after shifts, “quick” work from home, or time spent logging in, closing out, or completing mandatory paperwork that is not counted as paid time.

Related: off-the-clock work →

Misclassification as “exempt” or 1099

Being treated as salaried-exempt or an independent contractor even though the job is controlled, supervised, and functionally hourly.

Related: misclassification →

Automatic meal deductions

Pay practices that deduct meal breaks even when employees regularly work through lunch or are not fully relieved of duties.

Overtime rate calculated incorrectly

Overtime pay that does not reflect the correct “regular rate,” especially where bonuses, differentials, or commissions should be included.

Case review

What We Review in an Overtime Case

Overtime cases typically turn on how hours were tracked, how pay was calculated, and what the job required in practice.
Helpful documents include:

  • Pay stubs and payroll records
  • Timeclock records, schedules, dispatch logs, or route sheets
  • Employee handbook, timekeeping policies, overtime approval rules
  • Texts/emails about working before/after shifts or clocking out
  • Job description and a practical summary of daily duties

If you do not have all of these items, that is common. Contact us anyway and we can advise what matters most to evaluate your situation.
Request a free case evaluation.

Punished for Raising Pay Concerns?

Some employers respond to overtime complaints with discipline, reduced hours, schedule changes, or termination.
If you experienced retaliation after questioning your pay, you may have additional legal claims.

Learn more about retaliation claims →

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.

FAQ

Frequently Asked Questions About Unpaid Overtime

Is overtime always “time-and-a-half” after 40 hours?
In many cases, overtime is owed for hours worked over 40 in a workweek for non-exempt employees. The correct rate can depend on how the regular rate is calculated and what forms of compensation are included.
If I’m paid salary, can I still be owed overtime?
Possibly. Salary status alone does not determine overtime eligibility. Overtime exemptions depend on specific legal tests and what the job duties actually are.
What if my employer required me to work off the clock?
Off-the-clock work can create wage liability when the employer knew or should have known the work was being performed. Common examples include pre-shift setup, post-shift closing work, remote logins, and working through meal breaks.
What should I bring to an overtime consult?
Pay stubs, any time records you can access, schedules, and messages about shifts or clocking in/out are helpful. If you don’t have everything, contact us anyway.
Can unpaid overtime affect multiple employees at the same workplace?
Yes. Some overtime violations stem from a common pay policy that impacts more than one worker. We typically evaluate the fastest, most effective litigation strategy based on the facts.
Last Updated on February 21, 2026 by justin
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