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STEPHEN T. FIEWEGERLAW
Vintage punch clock and stack of timesheets, representing wage and hour disputes in Davenport, Iowa

Practice Area

Wage and Hour Attorney in Davenport

If you worked the hours, you should be paid for them. We help you recover what you are owed, or help your business stay compliant.

Free Consultation Call (563) 424-1982

Wage and hour cases have been rising for years. Part of the reason is that the rules are technical, and small mistakes in how a job is classified or how time is recorded can add up to thousands of dollars over months or years. Another part is that many workers never realize they have been shortchanged.

Stephen T. Fieweger counsels both employees and employers on these issues. Employees need someone who will track down what is owed. Employers need practical advice before a payroll practice becomes a lawsuit.

Claims we handle

  • Unpaid wages and unpaid overtime
  • Off-the-clock work, including pre-shift and post-shift tasks
  • Misclassification as exempt or as an independent contractor
  • Non-competition and other employment agreements
  • Wrongful termination and retaliation for raising pay complaints
  • Workplace safety complaints and other unlawful employment practices

Hourly, salaried and "exempt" are not the same thing

Being paid a salary does not, by itself, make you exempt from overtime. Under federal law, exemption generally depends on both how you are paid and what your job duties actually are. A title like "manager" or "coordinator" does not settle the question. Many salaried workers are legally entitled to overtime for hours over 40 in a workweek.

Off-the-clock work is another common problem: logging in before your shift, answering messages at home, working through an unpaid lunch, or finishing tasks after clocking out. If your employer knew or should have known you were working, that time generally must be paid.

State rules add another layer

Federal law sets a floor, but each state has its own minimum wage, overtime and wage-payment rules. Iowa and Illinois differ in meaningful ways, including how quickly final wages must be paid and what penalties apply. [ATTORNEY: verify] For employers operating on both sides of the river, those differences are easy to miss.

Good records win wage cases. If you think you have not been paid correctly, start keeping your own log of the hours you work, the tasks you do before and after your shift, and any messages that show when you were working. Keep copies of your pay stubs. Then call us to talk through what you have.

Our Process

How a wage claim works

  1. Reconstruct the hours

    We review pay stubs, schedules, timekeeping data, emails and your own records to estimate what was worked and what was paid.

  2. Apply the right law

    We determine which federal and state rules apply, whether an exemption is legitimate, and what damages may be available.

  3. Recover or resolve

    We demand payment, negotiate, or file suit. For employers, we correct practices and resolve exposure.

Wage and Hour Disputes: Frequently Asked Questions

Was I misclassified as exempt?
Possibly. Exempt status generally depends on salary level, how you are paid, and your actual job duties, not your job title. Many salaried employees are entitled to overtime. We can review your duties and pay to find out.
Can I get paid for off-the-clock work?
Generally, yes. If your employer knew or should have known you were working before or after your shift, during meal breaks or from home, that time is usually compensable.
How far back can I recover unpaid wages?
Under federal law, the general rule is two years, or three years if the violation was willful. [ATTORNEY: verify] Iowa and Illinois wage-payment laws may provide different time limits. Waiting can mean losing older wages permanently.
Can my employer retaliate against me for asking about my pay?
Retaliating against an employee for complaining about unpaid wages or overtime is generally prohibited under federal and state law.
Are non-compete agreements enforceable?
It depends on the state, the terms and the circumstances. Courts look at whether the restriction is reasonable in scope, duration and geography and whether it protects a legitimate business interest. Illinois also has specific statutory limits. [ATTORNEY: verify]
I'm an employer. Can you audit our pay practices?
Yes. We help employers review classifications, timekeeping and pay policies so problems are corrected before they turn into claims.

Have a question that isn’t answered here? Contact us or call (563) 424-1982.

Talk to an experienced Quad Cities attorney.

The first conversation is free. We'll listen, explain where you stand and tell you plainly whether we can help.

Free Consultation Call (563) 424-1982
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