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Should you quit because the employer refuses to pay overtime to hourly employees.

by Mike

(Chicago)

Should you quit because the employer refuses to pay overtime to hourly employees?

I have not quit yet. I am working for a company in Illinois as a delivery driver. I am a full-time, non-exempt, hourly employee. The company employs approximately 50 people. I have been working for this company for approximately 4 months. The problem I’m having is that this company refuses to pay me any overtime pay when I work more than 40 hours in a week. Over the last 9 weeks I have been working an average of 43 hours per week and getting paid for only 40. I have had meetings with with my Team Leader and my Supervisor to voice my concerns. I was told “that’s the way it is at this company”. My supervisor told me that he “feels” for me as an hourly employee but there is nothing he can do about it. I have documented both of these meetings.

At this point, I see that that my only option is to leave since this company is going to continue on with this illegal practice.

I can do one of 3 things: 1) I can keep quiet and continue to allow my employer to break the law and violate my rights. 2) I can simply tell them that I refuse to work anymore overtime if I’m not going to get paid for it. This will surely lead to me being fired at some point. 3)I can just quit and hope I can get unemployment.

Is quitting a job due to illegal labor practices considered good cause?

Hi,

I hope you haven’t quit yet.

I have another option for you Mike. File a complaint with the Illinois Dept. of Labor to get paid for those that unpaid overtime.

Do not quit. You haven’t made the essential effort you should make yet.

And you had better start documenting your hours everday .. as I wouldn’t think those extra hours are being recorded by the employer .. since it is against the law to not pay overtime.


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