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

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

Archive