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.

Overtime Violations in Restaurants

Web Admin - Tuesday, May 27, 2014

illinois overtime violationsWage theft is an increasingly common practice in which employers deprive their workers of wages they are owed through practices like improperly logging their hours or simply failing to pay wages fully and promptly. The problem is serious enough that a report from the Center for Urban Economic Development at the University of Illinois at Chicago estimates that workers in Cook County lose more than one million dollars a day to the practice. One of the most common methods of wage theft is through the violation of overtime laws. Overtime in the restaurant industry is a particular problem because of how overtime rules interact with minimum wage provisions and the tip credit.

Understanding the Tip Credit

The tip credit is a specific exception to minimum wage law that allows employers to pay employees less than minimum wage on the assumption that the worker’s tips will make up the difference. Restaurants are one of the main industries that can take advantage of the tip credit because of their high percentage of tipped employees, such as servers and bartenders.

The exact amount of the tip credit varies by state. In Illinois, employers may deduct up to 40 percent of the Illinois minimum wage as tip credit, giving a new minimum wage of $4.95. The tip credit is a complex piece of the minimum wage law that can give rise to a variety of violations by employers. One of the most complicated of these issues related to the tip credit is how it interacts with overtime law.

The Tip Credit and Overtime

Generally speaking, overtime laws require employers to pay their workers one and a half times their hourly wage for working more than 40 hours in a week. However, restaurants and other employers can still take advantage of the tip credit. Unfortunately, many do so incorrectly. The issue is that many employers take the tip credit out before multiplying the hourly wage by one and a half, when they should take it out after. To illustrate the difference, suppose a server works 60 hours in one week and is paid $4.95 an hour plus tips.

For the first 40 hours, the employer can simply pay the $4.95, but for the last 20 they need to start paying overtime. The incorrect way to do the calculation would be to simply multiply the $4.95 wage by 1.5 giving a new wage of $7.43, which would result in a paycheck of $148.60 for those 20 hours. The proper way to perform the calculation is to multiply the full minimum wage, $8.25, by 1.5 to get $12.38, and then subtract the tip credit afterwards to get a minimum wage of $9.08 and a paycheck of $181.60, a serious difference from the incorrect calculation.

If you believe you have been the victim of an overtime violation, contact an Illinois employment lawyer today. Our firm helps clients in many towns across the northwest suburbs, including in Palatine, Barrington, and Schaumburg.

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

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

Archive