DGAA bLAWg

When is Overtime Pay Required?

Web Admin - Thursday, May 28, 2015

overtime pay in Illinois, Palatine employment lawyerOvertime pay is an important, but often complicated, issue that employers and employees sometimes have to resolve. For employees, receiving overtime pay is compensation for being asked to work a significant number of hours. However, employers often attempt to find ways, either by legal or, in extreme cases, illegal means, to avoid having to pay overtime compensation.

General Overtime Information

Under the Fair Labor Standards Act (FLSA) and Illinois law, an employee is entitled to overtime pay when he or she works more than 40 hours in a single workweek. The workweek is a fixed and regularly recurring period of 168 hours (seven consecutive 24-hour periods) and is defined by the employer. The workweek does not need to coincide with the calendar week. Instead, the workweek can begin on any day and at any time of the day. While the employer can make the workweek whatever he or she wishes, it is not permissible to average the number of hours worked over a period of two or more weeks.

Overtime pay is paid at a minimum of 150 percent of the employee’s hourly work rate (known as “time-and-a-half”) for the number of hours worked over 40 hours in a workweek. The FLSA does not place a maximum number of hours that an employee over the age of 16 may work in a workweek. Further, there is no provision for overtime pay for work performed on Saturdays, Sundays, or holidays, unless work performed on those days results in exceeding the 40-hour rule. Generally, overtime pay is paid on the regular payday for the period in which the wages were earned.

The FLSA provides for several exemptions from the requirement of overtime pay. Exempt from overtime pay are executives, administrative, professional, computer, and outside sales employees who earn over $455 per week. Determining whether an employee fits under one of these categories can be complex and requires examination of the specific work the employee performs. Under Illinois law, other types of workers are also exempt, including, but not limited to:

  1. - Any salesman or mechanic primarily engaged in the selling or servicing of automobiles, trucks or farm implements;
  2. - Agricultural workers; and
  3. - A crew member of any uninspected towing vessel operating in any navigable waters in or along the boundaries of Illinois.

An employee who believes that he or she is entitled to overtime pay can file a lawsuit claiming monetary damages or that requests an injunction that orders the employer to pay the overtime wages. If the employee’s lawsuit is successful, he or she may receive back-pay, as well as liquidated damages in an amount equal to the back-pay.

Help with Employment Issues

For more information or if you believe you have been improperly denied overtime pay, you should speak with an experienced Illinois employment law attorney with experience in employment law and overtime compensation. Our firm represents individuals throughout the northwest suburbs, including areas such as Arlington Heights, Palatine and Crystal Lake. 

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.

Remedies for Unpaid Overtime in Illinois

Web Admin - Thursday, February 06, 2014

illinois unpaid overtime employment lawyerAmerican workers are facing a growing problem; their employers are failing to pay them overtime for extra hours that they worked. According to CNN, wage and hour claims have increased 400 percent in the last decade alone. Employers have a variety of tricks they can use to avoid paying employees the money they owe them. For instance, many employers improperly classify their workers as independent contractors, when they should actually be classified as employees.

This allows employers to subvert overtime laws and shift some of their tax burden to the worker. Employers can also avoid paying overtime by instituting improper policies to prevent employees from logging all of their hours. This can include such practices as forcing employees to clock out for lunches through which they work, making employees show up for work and then wait to clock in until later, or forcing workers to work from home without tracking their hours.

Fortunately, workers in Illinois have remedies available to them. Employees can bring suits for unpaid overtime under the federal Fair Labor Standards Act (“FLSA”) and under the Illinois Minimum Wage law. However, employees should know that both laws provide different limits on the amounts that they can recover from their employer.

The Fair Labor Standards Act

The FLSA is a federal law that protects workers from wage violations. If an employee brings a suit under the FLSA to recover overtime, they can receive overtime pay that the employer owes them from the past two years. That time period may increase to three years if the employee can prove that their employer willfully violated the statute.

A willful violation of the statute occurs if the employer “showed reckless disregard for the matter of whether their conduct violated the statute.” Additionally, in the case of such willful violations, the court may award “liquidated damages.” These extra damages can be as high as the initial amount of overtime owed, meaning the employee can receive twice the amount that the employer failed to pay them.

The Illinois Minimum Wage Law

Illinois also has a minimum wage law under which employees can sue in order to recover overtime pay. Employees can recover up to three years of back pay under this law, regardless of whether the employer willfully violated the law. However, suing under the Illinois law would deprive the employee of the opportunity to receive liquidated damages. Instead, the Illinois law provides for employees to receive two percent interest for each month that their employer owed them overtime.

Do you have questions about your employer’s overtime practices, or think you may be eligible for overtime pay that you never received? Reach out to a Rolling Meadows employment lawyer today. Our firm operates in many northwest suburban areas including Barrington, Crystal Lake, and Palatine.


About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.

Recent Posts


Tags

Deer Park traffic lawyer Deer Park medical malpractice attorney Illinois insurance claim dispute lawyer underinsured motorist Mt Prospect Attorney fiduciary rule Illinois employment law firm subcontractor personal injury attorney icy parking lots vacation home fines BAC employee misclassification Illinois traffic accident lawyer mass shooting Schaumburg estate attorney elder law sole proprietorship sexual harassment Illinois employment attorneys back injuries Jay Andrew Chicago insurance law firm workplace sexual harassment insurance claim Illinois business law atorneys cell phone accidents Chicago employment lawyer Forcible Entry Illinois Wage Payment and Collection Act boating accidents Palatine drug lawyer drunk driving filing a medical malpractice claim Schaumburg traffic lawyer Illinois pedestrian accident attorney insurance dispute attorney Illinois personal injury lawyers Arlington Heights lawyer Palatine punch death Schaumburg drug defense lawyer traumatic brain injuries Des Plaines personal injury attorney Arlington Heights employment law attorneys real estate leasing Deer Park employment law attorney Rolling Meadows insurance dispute lawyers Illinois home inspection Home Remodeling Repair Act Long Grove wills and trusts attorneys Palatine construction attorney Schaumburg criminal attorney Crystal Lake civil litigation lawyer Schaumburg personal injury lawyers life insurance lawyer Palatine corporate attorney Palatine civil litigation lawyer insurance claim dispute attorney Arlington Heights tax lawyer Schaumburg estate planning lawyer elder abuse traffic offenses Arlington Heights injury attorney Buffalo Grove personal injury lawyer head on collisions Illinois boating accident lawyer Illinois tax attorney Des Plaines real estate attorney Illinois collections attorney life insurance claims Barrington estate planning attorney bad faith insurance claims college kids Chicago trucking accident attorney Rolling Meadows corporate lawyer GM ignition switches Rolling Meadows real estate attorney insurance disputes Schaumburg real estate lawyer Illinois car accident attorney license Whistleblower Claims Colin H. Gilbert estate planning for college students healthcare claims employee discrimination personal injury problem employees Schaumburg personal injury attorney Riverwoods estate planning lawyer Illinois employee rights attorney. Palatine elder law attorney federal crimes civil litigation Schaumburg elder law lawyer Illinois attorney home inspection lawyer Illinois employment law attorney clemency Arlington Heights personal injury lawyer life insurance policy comparative negligence Chicago traffic lawyer Illinois trusts attorney financial advisors unfunded trust Detainer Actions Illinois medical malpractice lawyers Legal Info probate claims manufacturing uninsured motorist overtime violations investment property meal breaks Schaumburg medical malpractice lawyer defective products Arlington Heights car accident lawyer Illinois business lawyer Deer Park motorcycle accident lawyer Arlington Heights Attorney rumble strips Illinois workers compensation lawyer controlled substance Chicago car accident lawyer wills Chicago will attorney, social media platforms, Illinois estate planning lawyer, criminal record Barrington drug crime attorney Barrington estate planning lawyer Inverness real estate attorney license suspension Illinois employment laws pizza emoji Buffalo Grove medical malpractice lawyers overtime pay premises liability criminal defense Illinois insurance claims lawyers Illinois insurance claim attorney dram shop law boating DUI digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers institutional trustee drug crimes commercial leases Illinois estate planning attorney revenge porn speeding traffic deaths IRA trust transfer Barrington Traffic Lawyer Barrington attorney denied insurance claim natural gas traffic laws Illinois insurance claim dispute lawyers insurance adjusters pain and suffering nursing home negligence Super Mario Palatine employment lawyer anesthesia errors unpaid overtime Arlington Heights traffic attorney trusts trucking accident lawyers Crystal Lake personal injury lawyer liability distracted driving accidents workers compensation benefits personal injury accidents medical malpractice compensation ObamaCare Schaumburg injury lawyer foreclosure Inverness corporate attorney Illinois Transfer on Death Instrument products liability Self-Directed IRA Accounts Crystal Lake employment law attorney Des Plaines DUI attorney Chicago will attorney Illinois mortgages Buffalo Grove injury lawyer Buffalo Grove insurance claim dispute lawyers estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Crystal Lake employment attorney Illinois elder law attorney IRA benefits Arlington Heights Traffic Lawyer Illinois motorcycle accident lawyer dynasty trusts agent Crystal Lake traffic lawyer Illinois personal injury attorney Chicago estate planning lawyer Des Plaines tax law firm Crystal Lake bike accident lawyer Crystal Lake injury attorney Schaumburg personal injury lawyer Deer Park accident attorney Rolling Meadows insurance attorney Palatine employment law lawyer pedestrian accidents jet ski traffic violations taxes Des Plaines personal injury lawyer insurance agent negligence Illinois jet ski accident lawyer Barrington boating accident attorney real estate lawyer estate plan Deer Park criminal attorney insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys POA Illinois corporate lawyer food poisoning South Barrington real estate lawyer Barrington criminal defense lawyer Home Sale Contingencies holiday statistics Rolling Meadows boating crash lawyer Barrington real estate lawyer Joliet general practice lawyers Crystal Lake medical malpractice lawyer Crystal Lake tax lawyer landlord tenant law Schaumburg car accident attorney digital assets pay when paid contract Palatine personal injury lawyer Rolling Meadows criminal lawyer Des Plaines medical malpractice attorney construction contracts guardianship attorney estate planning breathalyzer test Landlord Tenant Ordinance spinal cord injuries Employment Discrimination Law Illinois workplace discrimination attorney wrongful death estate planning lawyer Palatine estate planning lawyer Crystal lake insurance dispute attorney Arlington Heights pedestrian accidents motorcycle accident lawyer Schaumburg hit and run accident Illinois traffic attorneys car accident lawyer Rolling Meadows accident lawyer Long Grove estate planning attorneys Deer Park DUI lawyer Buffalo Grove traffic attorney Deer Park traffic accident attorney Mount Prospect elder law attorney Des Plaines collections attorney Illinois real estate lawyer Arlington Heights trucking lawyer Barrington criminal lawyer traumatic brain injury Inverness civil lawyer Palatine criminal defense lawyer gift taxes Chicago attorney startup company Illinois traffic attorney Transfer on Death Instrument bike accident wage theft PTSD business litigation Arlington Heights medical malpractice lawyer Arlington Heights wills and trusts attorneys loopholes no contest clauses Rolling Meadows employment law attorney probate process Palatine law firm personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys DUI defense fault based insurance Barrington personal injury attorney Fair Labor Standards Act license reinstatement drug possession FSLA right to work installment contracts fatal car accidents disability benefits medical research insurance claim denials Inverness elder law lawyer preventable medical errors car crash injuries real estate DUI penalities construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Illinois traffic ticket lawyer Buffalo Grove corporate attorney Rolling Meadows Attorney Crystal Lake personal injury attorney Long Grove estate planning attorney liens Palatine real estate lawyer Illinois registered agent llinois Real Estate Lawyers Association Buffalo Grove criminal defense lawyer Palatine employment attorney IRELA Illinois insurance attorney loss of consortium Illinois small business Arlington Heights wills and trusts lawyer deadly crashes denial of life insurance field sobriety test ACA Schaumburg insurance lawyers Illinois employment law criminal Palatine workers compensation lawyer forming a corporation in Illinois Illinois rollover accident lawyers BAIID severance agreements homestead rights Palatine probate lawyer insurance claim dispute Long Grove real estate lawyer car collision personal injury claims Barrington employment law firm Barrington civil litigation attorney Kenilworth estate planning lawyer Schaumburg estate planning attorney rollover accidents blended families Crystal Lake car accident lawyer Illinois traffic laws Liquor Control Act wrongful termination power of attorney for healthcare work unions Crystal Lake medical malpractice attorneys dealing with problem employees residential real estate Rolling Meadows litigation lawyer creditors Illinois probate lawyer DUI liability claims Illinois Sales Representative Act LLCs Illinois wills and trusts attorneys Schaumburg employment attorney compensatory time real estate attorney Rolling Meadows personal injury attorney Illinois employment law attorneys pedestrian-automobile accident rent to own real estate contracts Family Medical Leave Act medical marijuana Attorney Ken Apicella insurance denial appeals FMLA Illinois medical malpractice attorney Illinois LLC creation product liability Rolling Meadows personal injury lawyers employment attorney ken apicella medication errors insurance dispute pedestrian injuries, pedestrian fatality Illinois real estate probate fees traffic tickets in terrorem provision Arlington Heights accident attorney civil rights violation Rolling Meadows insurance lawyer life insurance Des Plaines criminal attorney Schaumburg Attorney employment contract car accident denied insurance claims DGAA wills and trusts involuntary manslaughter internet estate planning attorney Des Plaines real estate lawyer TBI blood alcohol content murder charges murder defense changes to mortgage law real estate attorneys living trust vs will spinal cord injury drugs Do Not Resuscitate corporate law Illinois insurance disputes Schaumburg corporate attorney Barrington business law firm Arlington Heights personal injury attorney Illinois trucking safety Schaumburg wrongful death attorney pet bites new real estate form Illinois Probate Act of 1975 capital gains tax Rolling Meadows traffic attorney rollover car crashes car crashes distracted driving accident victims probate claims process car accident lawyers Illinois bicycle safety auto accidents Crystal Lake will lawyer Inverness real estate lawyer Federal Food Drug and Cosmetic Act Buffalo Grove traffic lawyers Barrington Illinois estate planning lawyer Schaumburg probate attorney employment law slip and fall workers compensation Crystal Lake business law attorneys Fourth of July Arlington Heights employment attorney Des Plaines Traffic Lawyer Inverness accident lawyer Illinois construction accident attorney pregnant women Retaliatory Discharge cell phone tower data preventing accidents truck collisions IRS deed transfer bicycle dooring accidents commercial real estate Arlington Heights wills and trusts lawyers Palatine Attorney personal injury law firm fiduciary rule delay condo association Illinois Workers’ Compensation Commission insurance agents eluding a police officer suspended license trucking accidents Rolling Meadows marijuana attorney marijuana Policy Cancellation Chicago insurance claim attorneys Class A misdemeanor health insurance dispute criminal law motorcycle accident Palatine injury attorney murder Chicago corporate attorney Schaumburg construction accident lawyer traffic crimes insurance denials automated cars employee rights estate planning trusts consent to a search living trust benefits Illinois medical malpractice case crossover accidents license revocation reckless homicide South Barrington real estate attorney Illinois workplace lawyer insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys CAM Inverness personal injury attorney landlord hands free device texting while driving Arlington Heights insurance attorney commercial leasing Chicago lawyer employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, probate lawyer Illinois estate planning Des Plaines Kenilworth estate planning attorneys Illinois defective products attorney Rolling Meadows insurance dispute lawyers, insurance dispute Crystal Lake criminal defense attorney Long Grove estate planning expungement Illinois DUI attorney Deer Park workers compensation lawyer Palatine insurance lawyer contracts medical malpractice claims Rolling Meadows Traffic Lawyer caregiver federal regulations for LLCs texting and driving child safety advance healthcare directive construction accidents probate bicycle accidents privacy Illinois Des Plaines pet law attorney senior citizens Palatine traffic accidents real estate contract Long Grove real estate attorney Illinois pet lawyer Buffalo Grove law firm Mount Prospect real estate lawyer breach of contract Rolling Meadows probate lawyer Chicago biking tips Affordable Care Act Rolling Meadows drug defense attorney accidental death benefits Buffalo Grove employment lawyer employees modern family estate planning swimming pools Colin Gilbert Illinois insurance dispute lawyers social media after death Crystal Lake insurance lawyer DMV trauma after an accident Rolling Meadows insurance attorney natural gas explosion Illinois personal injury lawyer Rolling Meadows medical malpractice lawyers estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Schaumburg criminal law attorney Inverness probate lawyer workers comp employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys drug crime Arlington Heights real estate lawyer Rolling Meadows tax attorney Des Plaines civil attorney attorney fees surgical mistakes car crash Inverness injury lawyer Illinois workers compensation attorney Barrington injury attorney Crystal Lake medical malpractice law firm trust payments insurance claims Rolling Meadows employment law attorneys minimum wage drunk driving statistics jet ski accidents car accidents Illinois employment lawyer Crystal Lake estate planning lawyer Illinois wills and trusts low-ball insurance settlement Illinois civil litigation lawyer drug crimes lawyer Illinois Smoke Detector Act Illinois living will Des Plaines personal injury lawyers digital evidence Illinois medical malpractice claim Illinois Human Rights Act estate tax caretaker rights Chicago estate planning Rolling Meadows DUI lawyer Rolling Meadows traffic law firm Barrington workers compensation attorney Rolling Meadows business lawyer estate attorney golf accidents personal injury lawyer sexual images pedestrian accident Inverness traffic law firm Mount Prospect wills and trusts lawyers Des Plaines insurance attorney personal injury claim Arlington Heights TBI attorney DUI attorney digital information healthcare Buffalo Grove probate lawyer Des Plaines motorcycle accident attorney Crystal Lake pedestrian accident lawyer Schaumburg civil litigation attorney Crystal Lake car accident attorney independent contractor Rolling Meadows criminal attorney Rolling Meadows estate planning attorney medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Exclusions traffic accidents comp time income distribution deducation appealing an insurance claim Illinois personal injury Palatine trusts lawyer Palatine traffic lawyer Rolling Meadows personal injury lawyer underage DUI Illinois estate planning law firm Des Plaines claims law firm Crystal Lake employment lawyer Arlington Heights estate planning attorney Illinois lawyer Des Plaines drug lawyer first degree murder Rolling Meadows car accident lawyers Illinois insurance lawyer Illinois job attorney cell phone Food and Drug Administration's Food Safety Modernization Act brain injury Barrington medical malpractice lawyers Palatine business attorney Illinois wrongful termination lawyer real estate closing mortgage Inverness DUI lawyer unpaid assessment Illinois injury lawyer Barrington employment attorney real estate zoning Palatine civil attorney Schaumburg employment law attorneys trench injuries job lawyers School Visitation Rights Act insurance claim denial Deer Park real estate law firm marijuana crimes attorney Illinois speeding lawyer slip and fall accidents Crystal Lake traffic attorney BUI owner responsibility privacy laws pet law Palatine corporate law attorneys Buffalo Grove car accident lawyer digital media accounts, estate planning, Arlington Heights estate planning attorney, power of attorney Arlington Heights car crash attorneys Des Plaines injury law firm irrevocable trust Crystal Lake accident attorney traffic violations defense driving dog bites insurance claim delay Chicago employment attorney wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace insurance negligence Arlington Heights criminal lawyer defective products lawyer Crystal Lake pet attorney gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Buffalo Grove personal injury attorney Rolling Meadows employment attorney Barrington personal injury lawyer Barrington litigation attorney employment law, Illinois employment laws Kenilworth estate planning attorney Illinois driving without license condo DNR civil litigation attorney living trust foreclosed rental property Buffalo Grove real estate attorney tax attorney operating agreements small business underfunded trust trustee Inverness insurance attorney Crystal Lake law firm employment lawyer Inverness estate planning lawyer Illinois criminal defense attorney Des Plaines accident attorney Des Plaines drug crimes lawyer rest breaks paid sick leave Barrington employment law attorney living wills Illinois law Arlington Heights wills and trusts attorney boating under the influence hiring employees medical malpractice whistleblower protections unauthorized overtime vacation home Deer Park personal injury lawyer Thanksgiving Illinois will lawyer Illinois red light cameras special needs trust

Archive