{"id":373128,"date":"2017-08-25T15:11:17","date_gmt":"2017-08-25T20:11:17","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/illinois-law\/illinois-overtime-laws.html"},"modified":"2022-12-08T01:00:00","modified_gmt":"2022-12-08T06:00:00","slug":"illinois-overtime-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/illinois-law\/illinois-overtime-laws.html","title":{"rendered":"Illinois Overtime Laws"},"content":{"rendered":"\n
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Illinois Overtime Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Chris Meyers, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Hard work is frequently quoted as the secret ingredient to career success. Hard work can also pay off when it comes time to collect your check. So it’s important to know that your employer is paying you the wages you’re entitled to under state and federal law.<\/p>\r\n

When an employee works more than 40 hours per week, those extra hours are typically considered overtime wages. Most non-exempt employees are entitled to overtime<\/a> pay at one and a half times their regular rate. Understanding when you qualify for overtime can be confusing, but it’s worth money in your pocket to understand the basics of Illinois overtime laws.<\/p>\r\n

Illinois Overtime Law Summary<\/h2>\r\n

This chart highlights key provisions of Illinois overtime law.<\/p>\r\n\r\n

State and Federal Statutes<\/p>\r\n<\/th>\r\n

Overtime Calculation Methods<\/p>\r\n<\/th>\r\n

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  • Hourly: pay time and a half over 40 hours work\/week.<\/li>\r\n<\/ul>\r\n
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    • Hourly Plus Bonus and\/or Commission: regular rate = (total hours times hourly rate) plus the workweek equivalent of the bonus and\/or commission, divided by the total hours in the workweek; then pay half of that regular rate for each overtime hour.<\/li>\r\n<\/ul>\r\n
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      • Salary: regular rate = salary divided by the number of hours the salary is intended to compensate.
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        • If the regular hours are less than 40: add regular rate for each hour up to 40, then pay time and a half for hours over 40.<\/li>\r\n
        • If the regular hours = 40: pay time and a half for hours over 40.<\/li>\r\n<\/ul>\r\n<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Illinois Overtime Rules<\/p>\r\n<\/th>\r\n

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  • Highly paid workers (+$100,000) can be entitled to overtime.<\/li>\r\n
  • No mandatory overtime for working more than 8 hours a day.<\/li>\r\n
  • 3-year statute of limitation for collecting unpaid overtime.<\/li>\r\n
  • Any employer with one or more employee is covered by state overtime law.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Filing a Wage Complaint<\/p>\r\n<\/th>\r\n