Illinois Overtime Law
Illinois law not only requires an employer to pay its workers at least a minimum wage of $8.25 per hour, but also "time and a half" for all hours worked after the first 40 in a given week. In other words, a worker who usually makes $10 an hour must be paid $15 an hour for any time he or she works beyond the 40-hour threshold. The overtime pay requirement applies to a wide variety of Illinois employees, including those who earn much of their income through tips and many who are paid an annual salary. At the Chicago Overtime Law Center, our Illinois overtime lawyers are dedicated to helping ensure that workers are properly paid for all hours worked. If you believe that you have been wrongly denied overtime pay, contact us for a free consultation to see how our attorneys may be able to help you.
Many workers in Illinois are also protected under the Fair Labor Standards Act, the federal law that requires employers to pay covered employees overtime (typically "time and a half") for all hours worked beyond 40 each week. Both the FLSA and Illinois state law authorize an employee who has been wrongly denied overtime pay to sue his or her employer for the money owed as well as additional damages. The laws also protect workers who inquire about overtime pay or sue their employer for unpaid overtime from retaliation in the form of firing, demotion, or other adverse employment actions.
While federal and state overtime laws apply to the majority of workers, some are exempt from these requirements. Executive, administrative and professional employees, salesman and mechanics, and workers in agricultural fields are among those who may not be entitled to overtime pay under the law.
The overtime calculation is based on the total hours an employee works over the week, rather than in any particular day. An employee who works 12 hours in one day, for example, is not entitled to overtime pay unless he or she logs more than 40 hours on the job during the course of the week. Nor does an employer necessarily have to pay a worker at a higher rate for working on Sundays or holidays, unless it has otherwise agreed to do so.
There are a number of ways in which employers attempt to avoid paying overtime wages, many of which are illegal. For example, a private employer may not offer workers "comp time" in place of overtime wages. Nor may any employer require a worker to perform job tasks "off the clock," whether it's before, during, or after the employee's regularly scheduled hours. Overtime laws also require employers to keep accurate and up to date employment records so as to avoid any situations in which a worker is not credited for time spent doing his or her jobs.
The Illinois overtime attorneys at the Chicago Overtime Law Center have vast experience handling a broad spectrum of employment cases, including many related to unpaid overtime. We represent clients in both state and federal court and have successfully obtained results in excess of $1 million. Contact us online or call (312) 869-4095 to schedule a free and confidential consultation with an overtime lawyer in Illinois.