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

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

Archive