Chicago, IL asked in Employment Law for Illinois

Q: I think my boss is trying to get free work out of me and I'm not sure if it is legal.

I work for a school inside a larger university. That school pays my salary. My boss just informed me and 2 other co-workers that we are being moved to another unit inside the university but we will still be employees of the school we work for now. The deal he has set up with this other unit is any work we do that is not for our current school will be tracked and the school who pays us will receive free services Equal to the time we worked on other units projects. So any work I do outside of my current job duties I would basically be doing for free and my boss would get the money to use for creative services. Is this legal?

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1 Lawyer Answer
James G. Ahlberg
James G. Ahlberg
Answered
  • Rochelle, IL
  • Licensed in Illinois

A: You may have misunderstood, but it's worth asking him or her to be sure. Here's what I think the boss was trying to tell you:

School A (present employer) is "loaning" you to Unit B. School A will pay you for all the work you do at Unit B, HOWEVER if you do work at Unit B which isn't for the benefit of School A, Unit B has to provide services to School A equivalent in value to what School A pays you for doing that work. In other words, you'll be paid for all your time, but School A and Unit B have an agreement allowing School A to recover from Unit B the equivalent of wages paid to you that solely benefit Unit B.

On the other hand, if your boss says, "No, you won't be paid for that time," it's illegal.

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