Refusal to pay wages, overtime and in timely fashion

I recently took the position of "Assistant Manager" with an hourly rate of $10/hr at a new Restaurant/Sports Bar/Ale House in the NW suburbs of Chicago on November 8th.

I kept record of the hours worked and used their internal POS time/attendance system. The owner is refusing to pay me for the hours I worked, he says it was impossible for me to work the hours.

During the first week 11/8 - 11/15 I worked 34 hours finally received final payment for these hours on 12/5. This was "training", no POS time/attendance system.

The second week 11/16 (opening day) - 11/17 I worked 32 hours, most hours in POS time/attendance system after it went live on opening day.

The third week 11/18 - 11/24 I worked 83 hours, all tracked by POS time/attendance system.

The fourth week 11/25 - 12/1 I worked 36 hours, all tracked by POS time/attendance system.

The fifth week 12/2 - 12/8 I worked 13+ hours, all tracked by POS time/attendance system. These hours were doing their payroll, which was not my responsibility, as a favor to the owner as the GM had resigned and I was unsure of my employment status with the company, just wanted to ensure that the employees received their pay that they had been waiting for, some up to 4 weeks.

Checks arrived 12/7 for no where close to the correct amount of employees and hours that was submitted to the payroll company, I know of 7 employees including myself that did not receive checks.

He is also refusing to pay other employees that he does not like for personal reasons, assumingly such as they are not "bubbly" enough, don't smile enough or due to physical characteristics.

There are none of the required labor law posters posted, including minimum wage, 1 day of rest in 7, workers comp, unemployment benefits, health & safety acts, etc.

What course of action do we have as options to recover our wage payments.

1 answer  |  asked Dec 8, 2012 9:09 PM [EST]  |  applies to Illinois

Answers (1)

Alejandro Caffarelli
If you are interested in scheduling a free initial over the phone consultation, please do not hesitate to contact me directly to arrange a date and time for a screening.

If you have any questions, or if you would like to schedule a consultation, I may be reached at (312) 540-1230.


posted by Alejandro Caffarelli  |  Dec 10, 2012 09:34 AM [EST]

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