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

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

Archive