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