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

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

Archive