Illinois Overtime Benefits

Employees in Illinois may be entitled to pay at time and one half their regular rate of pay if they worked over 40 hours in a workweek. Despite substantial restrictions by the Federal Government on who is entitled to overtime benefits, state law is allowed to override the federal law. Consequently, Illinois workers may be entitled to overtime benefits that are not afforded to workers in other states.

Unless an employee is in an exempt class of workers, they are entitled to overtime pay. Generally under Illinois law, highly skilled employees such as executives, managers, secretaries and professionals like doctors, lawyers and engineers are exempted from overtime laws. Regardless, if you are working overtime and not getting paid for it you should still determine if you are eligible, as there are always exceptions to the rule.

Despite whether earnings are determined based on hourly wage, salary, commission, or some other basis, the overtime pay due must be computed on the basis of the average hourly rate derived from such earnings. This is calculated by dividing the total pay for employment (except for the noted statutory exclusions) in any workweek by the total number of hours actually worked. In other words, just because you are not paid by the hour does not mean that you are not eligible for overtime benefits.

Lastly, overtime eligibility can be determined by employer revenue. Typically, employers with less than $500,000.00 a year in revenue are not required to pay overtime benefits.

When hiring an overtime attorney in Illinois you should look for someone with real experience and success in bringing these cases. The attorneys we recommend typically handle overtime claims on a contingency basis which means they either get a percentage of what is recovered if they win or their attorney fees are paid by the employer. Because one lawyer won’t cost you more than another, it would be unwise to hire a firm that has very little experience. Why risk your chance of success by hiring someone who is learning to handle an overtime case by practicing on you?

If you are wondering if you are entitled to overtime pay or would like a referral to a lawyer that handles Illinois overtime lawsuits please contact us. All phone calls and e-mails are 100% confidential and our service is free. We don’t guarantee a result for your case, but do promise that the attorneys we recommend are independent of our firm and are the same overtime law firms in Illinois that we would recommend to family members or friends.