Do you have a question about Illinois overtime rules and wage laws? Below is an overview of the minimum wage and overtime pay laws that apply to workers in the state of Illinois. Private actions to enforce Illinois wage and hour laws, and recover unpaid overtime due to workers, are commonly brought on a contingent fee basis by employment law firms such as The Lore Law Firm.
If you believe that you have been deprived of the overtime pay that you are legally entitled to, please contact us for a free and confidential review of your situation.
According to Illinois overtime law, non-exempt employees are entitled to overtime pay equaling time and one half their regular rate of pay if they work over 40 hours in a workweek.
The following employees are exempt from overtime pay according to the state of Illinois overtime laws this link provides a summary of the various exemptions from overtime pay that are recognized by Illinois labor law :. The Illinois state wage laws, unlike federal law, do not provide a specific overtime pay exemption for the following types of employees:. Illinois state law requires that employers give employees at least 24 hours of rest in every calendar week starting Sunday and ending the following Saturday.
This rest requirement does not apply to certain types of workers, including: FLSA white collar exempt employees, state and federal government workers, part time employees who work 20 or fewer hours per week, agricultural and mining employees, seasonal employees engaged in agricultural canning, and watchmen and security guards. Claims may be brought by the Department of Labor. The act specifically targets the unlawful pay practices common in the construction industry by which workers are misclassified as independent contractors instead of employees.
Workers are able to bring a private lawsuit to recover wages, salary, employment benefits and other compensation, as well as liquidated damages in an equal amount double damages. These claims must be brought within 3 years from the final date of services for the construction contractor. Illinois requires an unpaid meal period of at least 20 minutes must be given to employees who are scheduled to work 7. The meal period must be given no later than 5 hours after the employee starts work.
Employers are required to furnish employees with an itemized statement of deductions for each pay period. Nursing Home. Personal Injury. Product Liability. Workers Compensation. Wrongful Death. Call or email us. Speak to a lawyer about your situation for free. Overtime Laws in Illinois. 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. Dearborn St. Employers that are covered by both state and federal law must comply with the law that sets the higher standard of protection for employees. Illinois exempts anyone employed in a bona fide executive, administrative, or professional capacity from the overtime pay requirements.
Under the Illinois law any employer that has one or more gainfully employed employees is covered under the law. The Illinois law also requires a different minimum wage. As discussed on our overtime page many employers try to avoid paying overtime by simply paying their employees a salary, even though the employees are working more than 40 hours in a week. In such cases, the employees are still entitled to overtime pay if they are non-exempt.
The overtime wages are calculated by dividing the weekly salary by 40 or a bi-monthly salary by 80 to get the regular hourly rate and then multiplying that by 1. Another difference between the Illinois law and Federal Law is the statute of limitations. The Illinois overtime law provides that overtime pay that has not been paid can still be collected up to three years from the date the pay was earned, while the Federal Overtime law is two years and up to three years if the employer was consciously and intentionally violating the overtime law.
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