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

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

Archive