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


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