Overtime Laws in Illinois

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In general, employees in Illinois may be entitled to overtime pay for any work they perform beyond 40 hours a week. Although the Federal Government has substantially restricted who is entitled to overtime benefits, the law does allow states to override the federal law. As a result if you are a worker in Illinois you may be entitled to overtime benefits that are not provided to workers in other states. For example, under Federal law, overtime only applies to companies with over $500,000 in revenue whereas in Illinois if there is only one employee, that person could be eligible for overtime.

Unless an employee is in an exempt class of workers they are entitled to receive overtime benefits. While there are no limits on the amount of hours a person over 16 years of age can work in Illinois, typically once you work 40 hours in a week you are entitled to be paid at 1.5 times your normal pay rate. There are exceptions to this rule for many different jobs. These are called exempt jobs. Some examples of professions that are exempt would be most managers and secretary’s. There are, however, always exceptions to the rule so if you are working overtime and not getting paid for it, you should still find out if you are eligible. The less you make, the more likely it is that you are eligible for OT benefits.

The following Illinois employees are typically exempt from overtime pay:

• Salesmen and mechanics involved in selling or repairing cars, trucks or farm implements at dealerships,
• Farm Workers
• Executives like managers, administrative or professional employees who are on salary.
• Most employees involved in radio/television in a city with a population under 100,000,
• Employees who work on Commission.
• Employees who exchange hours pursuant to a workplace exchange agreement,
• Workers at certain educational or residential child care institutions.

Overtime laws are also governed by the Fair Labor Standards Act or FLSA. FLSA is the Federal law, sometimes called the overtime law insures that wages are paid for all hours worked and that all overtime hours, overtime pay and collected unpaid overtime due is paid to wage earners. Oftentimes, overtime pay will go unpaid for a variety of reasons. There are many times when overtime is not paid properly or employees don’t even realize that they are entitled to it such as when an employee is not paid for travel time between job sites, activities before their shift starts or after it ends, and activities to prepare for work that are central to work activities. Not knowing what you are entitled to doesn’t mean that your employer gets away without paying you.

Earnings can be determined based on hourly wage, salary, commission, or some other basis, but in all such cases 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.

Independent contractors are not entitled to overtime pay because they don’t technically work for the company. That said, we have represented people who were improperly classified as independent contractors. Generally speaking, if the employer exercises control over you such as setting your schedule, telling you what to wear, not letting you work for competitors, providing you equipment, etc., then you are an employee even if they don’t take payroll taxes out of your check. Never take your employer’s word that you are an independent contractor as gospel. A free case review can help you determine what rights you actually have.

One big Illinois overtime myth has to do with working on the weekend or holidays. While many workers are given time and a half for working those shifts, there is no law that requires it. It would only be mandatory if thos days put you over 40 hours for the week and you are otherwise eligible for it.

Another myth is that you can not be forced to work beyond 40 hours. As long as they are giving meal breaks and not violating the one day’s rest in seven law, it is legal.

For more information about Illinois overtime laws please click on the links below.

• Frequently asked questions about Illinois overtime laws
• Lawyer Fees in Illinois Overtime and Wage Lawsuits

If you believe you may be 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