Chicago Business Litigation Lawyer Blog
The Illinois Department of Labor has a great website which provides alot of useful information on fair labor laws including the requirement that employers pay time and half for overtime work for non-exempt employees.
You can find the website here. With regard to federal and Illinois overtime laws, the website provides answers to various questions and links to other areas of the site for answers:
When is overtime pay legally due?
You are entitled to pay at time and one half your regular rate of pay if you worked over 40 hours in a workweek. You will need to ask your employer for their definition of a workweek. For more information, click here. 820 ILCS 105/4a (1) and 56 Ill. Adm. Code 210.400.
Does my employer have to pay me time and one half or double time for working a legal holiday or a Sunday?
No. If working the legal holiday or Sunday puts you over 40 hours in a workweek, then your employer must pay you at time and one half of your regular rate of pay for those hours over 40. However, if your employer’s policy allows for payment of time and one half or double time, then the employer must honor the agreement. For more information, click here. 820 ILCS 105/4a (1).
Who is exempt from being paid overtime?
The following employees are exempt from overtime pay:
Salesmen and mechanics involved in selling or servicing cars, trucks or farm implements at dealerships,
agricultural labor,
government employees,
executive, administrative or professional employees as defined by the Fair Labor Standards Act,
certain employees involved in radio/television in a city with a population under 100,000,
commissioned employees defined by Section 7(i) of the Fair Labor Standards Act,
employees who exchange hours pursuant to a workplace exchange agreement,
employees of certain educational or residential child care institutions.
For further information, click here. 820 ILCS 105/4a (2).How do I know if I qualify as an executive, administrative or professional employee?
The law provides that two tests must be fully met to determine if you are an executive, administrative or professional employee. First, as a general rule, you must be a salaried employee. For definition of salary, see question below. Second, the primary duties you perform must also be exempt. To determine if your primary duties meet the criteria outlined for the executive, administrative or professional employee, click here.
If I am paid on salary do I still qualify for overtime pay?
Possibly. You are paid a salary if you regularly receive each pay period on a weekly, or less frequent basis, a predetermined amount constituting all or part of your compensation, which amount is not subject to reduction because of variations in the quality or quantity of the work performed. However, an employee being paid on a salary basis is not automatically exempt from receiving overtime pay. The primary duties you perform must also be exempt to disqualify you from overtime pay. For more information, click here.
Can I be required to work overtime?
Yes, unless such work would violate the One Day Rest in Seven Act. For more information on this Act, click here. 820 ILCS 140/2.
Is “comp time” legal?
No. Compensatory time off in place of payment for overtime is not legal in the private sector.
If you believe you might be part of a class of employees forced to work off the clock or have othewise been denied overtime pay, Lubin Austermuehle may be able to help your pursue your own overtime class action. For a free consultation on your rights as an employee, contact us today.
Our consumer rights private law firm handles individual and class action wage claim and other employee and consumer rights cases that government agencies and public interest law firms such as the Department of Labor may decide not pursue. Class action lawsuits our law firm has been involved in or spear-headed have led to substantial awards totalling over a million dollars to organizations including the National Association of Consumer Advocates, the National Consumer Law Center, and local law school consumer programs. Lubin Austermuehle is proud of our achievements in assisting national and local consumer rights organizations obtain the funds needed to ensure that consumers are protected and informed of their rights. By standing up to employee and consumer fraud and rip-offs, and in the right case filing employee or consumer protection lawsuits and class-actions you too can help ensure that other emploment and consumers’ rights are protected from unscrupulous, illegal or dishonest practices.
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