Hiring a Lawyer Regarding Your Overtime Pay

If you believe that you are entitled to overtime pay or have a question regarding a provision for overtime pay in your employment contract, it is highly recommended that you consult with a lawyer who handles these types of cases. The federal law (including 2004 revisions to the Fair Labor Standards Act) as well as Illinois law regarding overtime pay each contains limits and exemptions that an experienced attorney can identify and walk you through. Don’t get short changed. Get a lawyer so that you know what your rights are and you can fight to protect them.

Here are some questions to ask during your initial consultation with an overtime attorney:

1. How many years of experience do you have handling overtime cases? Select an attorney with at least ten years of experience handling these types of cases. You want someone with significant experience who knows the nuances of the law and what to look for. There is no attorney we recommend that doesn’t have at least 10 years of success they can point to, usually more.

2. Can you tell me about previous cases handled by your firm? Select an attorney with a successful track record. Get the results on their previous overtime cases. If they have less than ten victories we’d suggest you keep looking.

3. Why are you willing to take my case? Make sure your attorney can explain to you why your case has merit. You don’t want someone who will take any case, but rather someone who only pursues legitimate cases. If the attorney tells you that you don’t have a case, you should respect that. Don’t necessarily give up on finding representation by someone else but respect the attorney’s objective evaluation of your case.

4. What documents do you need from me? Keep clean and organized records. It will help your attorney prepare your case and, ultimately, help prove your case. Ask your attorney what kind of records he needs – contracts, pay stubs, etc. – and make copies of all of those documents. Put them in chronological order. Account for missing time periods.

5. Can we develop a plan for communication? Your attorney should promptly reply to all phone calls and emails but should also be willing to give you periodic status updates and keep you informed on any important developments in the case. Also, you should get the sense that your attorney has your best interests in mind and considers you when he makes recommendations on how to proceed. Your attorney should never make significant decisions without consulting you first.

6. How will you be paid? Overtime attorneys will work on a contingency basis if the case warrants it. So, you should not have to pay anything upfront. Your attorney will cover all upfront costs and fees and will not get paid unless you have a successful result. If you are successful, your attorney is paid from the recovered amount. If you are not successful, your attorney is not paid anything, as that is the cost of doing business in this type of law.

Consultations with overtime attorneys should be free. If you want to know if you have a case or would like a recommendation of an overtime lawyer please contact us. We are free. We are confidential. We can point you to an attorney in your area who will be a good fit for your case.