Illinois Overtime Laws
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.
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 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.
Illinois Overtime Law Summary
This chart highlights key provisions of Illinois overtime law.
State and Federal Statutes
Overtime Calculation Methods
Illinois Overtime Rules
Filing a Wage Complaint
What is Federal Overtime Law?
Illinois labor code contains many of the rules that control how employees and employers interact. However, the federal government maintains control over certain labor laws to provide a minimum standard for employees across the country. These laws set a national minimum wage and regulate overtime, child labor standards, and recordkeeping rules. The majority of these federal laws are contained in the Fair Labor Standards Act (FLSA) of 1938. States are can provide workers with more rights and benefits than offered by the FLSA, but not less.
Calculating Overtime in Illinois
State law states that an employee who works more than 40 hours in a workweek is entitled to compensation at the rate of 1.5 times the employee's regular rate of pay for hourly workers. Averaging of hours over two or more weeks is not permitted. Here's what different about how Illinois calculates when overtime pay is required:
- Employee are not entitled to overtime compensation for time worked in excess of 8 hours per day.
- Overtime is only required for hours worked over 40 per workweek.
Who is not entitled to overtime?
Not all employees are eligible for overtime pay. Under FLSA, those employed as executives, administrators, and professional and outside sales employees are exempt from overtime requirements. An employee's job duties must qualify for the exemption, plus they must be paid a salary of at least $455 per week.
Illinois differs from the federal standard because it does not recognize an exemption for highly compensated exemption, which typically applies to those making over $100,000 per year. Illinois law does recognize the following jobs to be exempt from the overtime rule:
- Salesmen and mechanics involved in selling or servicing cars, trucks or farm implements at dealerships
- Agricultural labor
- Executive, administrative or professional employees as defined by the FLSA
- Certain employees involved in radio/television in a city with a population under 100,000
- Commissioned employees defined by FLSA Section 7(i)
- Employees who exchange hours pursuant to a workplace exchange agreement
- Independent contractors or workers that have an employment contract
- Employees of certain educational or residential child care institutions
One Day Rest in Seven
The One Day Rest in Seven Act requires employees to have a minimum of 24 hours of time off in every calendar week. A calendar week is defined as seven consecutive 24 hour periods starting at 12:01 a.m. Sunday morning and ending at midnight the following Saturday. Employers may ask IDOL for a exception to this requirement. The employer must show that all employees who will be working seven days in a row are doing so voluntarily.
Research the Law
State laws are always subject to change. It's important to verify the laws you're researching by conducting your own research or consulting with a qualified Illinois employment attorney. If you have additional questions about wage laws in Illinois, review the following links:
- Official State Codes
- Federal Wage Law: The Fair Labor Standards Act
Have a Wage or Overtime Issue in Illinois? An Attorney Can Help
The State of Illinois wage and overtime laws are full of exceptions and requirements. It can be difficult to understand what you're entitled to as an employee. If you have wage or over-time issues at work, you may want legal advice from an Illinois employment lawyer, an attorney who has experience in Illinois labor law and employment law to help you navigate the labor law requirements and recover your damages.
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
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