Frequently Asked Questions About Illinois Overtime Laws

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.

What is overtime pay?
Overtime pay is one and a half times (1.5x) your regular hourly wage. A worker should received overtime pay for all time worked over 40 hours in a workweek.

For example, if your hourly wage is $8/hour, then your overtime wage is $12/hour, or $8 x 1.5 = $12. If you work a total of 50 hours in a week, then you should be paid $8/hour for the first 40 hours, and $12/hour for 10 hours.

Who must be paid overtime pay?
All employees are entitled to overtime pay unless they fall into a specific exemption that excludes them from receiving overtime pay. The three largest exemptions include employees in “executive,” “administrative,” and “professional” job positions as well as over the road interstate truck drivers. Whether you are an exempt employee depends on your specific job duties and responsibilities. If you have questions about your exempt status, please contact us.

When must an Illinois company pay overtime?
Not all employers are required to pay overtime. Illinois employers that earn about $500,000 or more in annual revenue typically have to pay. If your employer earns significantly less than $500,000 in revenues each year, you are likely not entitled to overtime pay.

Can my employer fire me for bringing an overtime claim against it?
No. It is illegal for an employer to fire or in any way retaliate against an employee because he or she has filed a claim for overtime against the employer. If you complain of not receiving overtime pay and your employer fires you, you have a claim for retaliation. This is a separate violation of the law and you should definitely consult an Illinois employment attorney.

If I am paid on a 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, receiving a salary does NOT automatically mean you are exempt from overtime pay; the nature of your position determines whether you are entitled to overtime. It is important to contact an Illinois employment attorney to determine whether or not you are exempt.

Do I need to have evidence that I am owed overtime?
Yes, you need to prove your case. Your employer is required to keep the records of the time you worked and the pay received. After you file a lawsuit, you can ask for these records.

What if my employer had me sign something waiving my right to overtime pay?
It is illegal for your employer to ask you to waive your right to overtime. Your employer cannot ask you to waive this right. Even if you did agree to sign a waiver, the agreement is not enforceable unless: (1) the waiver was specifically approved by the Illinois Department of Labor, or (2) you were represented by a lawyer when you made the agreement. If you agreed to a waiver and neither of these situations applies, an Illinois employment attorney can help you determine whether you are entitled to back pay.

What should I do if I believe I am entitled to unpaid overtime?
You should contact an Illinois employment attorney quickly, especially if you no longer work for that employer. You can collect back pay that you earned during last 2 years. If your employer was intentionally violating the law (for instance, by having you sign an illegal waiver of overtime rights), you can collect back pay from the last 3 years. If you wait 18 months to file suit, you can only recover the remaining 6 or 18 months of unpaid overtime. An Illinois employment attorney can help you collect pay that is owed to you.

If you have any questions about Illinois overtime laws or would like a referral to an experienced and qualified Illinois employment attorney, please contact us. The overtime lawyers in Illinois that we recommend have a track record of success and usually take the case on a contingency basis which means there is no fee unless they win the case.