I've been paid below min. wage, but still awaiting a ruling from Dept. of Labor. How long can I wait for my options?

Asked over 1 year ago - Cary, IL

In June 2011 I gave my former employer my resignation. At the time he was paying me $8.00, which was $0.25 below min. wage. I am owed over $200 in wages because of this, however IDOL and US DOL need to make a decision on my employment status, whether I was a contractor or an employee. All signs point to employee, but I haven't received any notice so far. I filed with IDOL in August 2011. What options do I have and how much time to I have to act?

(On my employment status, I was required to work scheduled hours on site, and all my work was to be performed during those hours. He labeled me as a "contracted employee," which has caused this delay.)

Attorney answers (2)

  1. Judy A. Goldstein

    Contributor Level 20


    Lawyer agrees

    Answered . Try writing or calling the department. No attorney is going to take up your case for a $200 discrepancy.

  2. J. Richard Kulerski

    Contributor Level 20

    Answered . I'm told the Dept of Labor is horribly understaffed because of budgetary constraints. You will have to wait for as long as it takes.

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