Guide to Illinois Overtime Laws
Most workers in Illinois are covered by IL overtime laws and are entitled to extra compensation for working more than a full week. If you are working in Illinois, you need to know whether your job is eligible to claim overtime pay according to Illinois overtime laws, and when an employer is required to pay. This guide will explain the difference between exempt and non-exempt employees, and help you understand whether you are owed overtime pay.
Exemptions to IL overtime laws
Not all employees are entitled to overtime pay according to Illinois overtime laws and the Fair Labor Standards Act (FLSA). Both the FLSA and IL overtime laws make administrative and professional employees exempt from overtime requirements, as well as employees primarily working in outside sales. In order to be considered exempt by Illinois overtime laws, more than 80% of your working time must be spent in an administrative, professional, or outside sales role.
Employees who are entitled to overtime according to IL overtime laws cannot sign away or waive their right to overtime pay. If your employer has refused to pay you overtime pay but you are not an exempt employee for the purposes of Illinos overtime laws, you may be entitled to back compensation. You should consult an employment attorney if your employer may have violated Illinois overtime laws.
When Must an Employer Pay Overtime?
Any time a non-exempt employee works more than 40 hours in a week, their employer is required to pay time and a half for their additional hours. IL overtime laws only require overtime after an employee has worked all 40 hours in the week, not if they've just worked more than 8 hours in a day.
Employers are not required to pay overtime according to Illinois overtime laws for having employees work on holidays or Sundays. However, if an employer's contractual agreement with employees specifies additional compensation for working on a weekend or holiday, employers are legally obligated by IL overtime laws to comply with that agreement.
Common Violations of Illinois Overtime Laws
Many employers try to give employees “comp time” instead of paying overtime, allowing the employee to take hours off in the following week or pay period. Other employers only give employees overtime if their pay exceeds 80 hours in a two-week pay period—giving none if, for instance, an employee worked 65 hours in one week and only 15 in the next. IL overtime laws do not allow either of these situations, and both are considered serious violations of employment law.
Myths about Illinois Overtime Laws
IL overtime laws do not require employers to pay double time to any employee, regardless of hours worked. It is also a myth that salaried employees are never allowed to collect overtime according to Illinois overtime laws. Salaried employees who do not meet the exemption requirements are still required to be paid overtime. Employers must give back compensation to employees who are owed overtime and have not been paid the proper amounts, so talking to an employment attorney may be useful if you suspect your employer is guilty of violating IL overtime laws.