Employers Offering "Comp" Time Instead of Overtime

Web Admin - Tuesday, March 11, 2014

illinois overtime employee lawyerMany employees are owed overtime by their employers under the Fair Labor Standards Act (FLSA) once they work more than 40 hours in a week. Illinois also has a separate wage and hour law that comes into effect at the same 40-hour mark. While many employers dutifully obey these laws and pay the qualifying employees time-and-a-half during overtime, sometimes, either intentionally or by mistake, employers subvert these laws. One of the most common ways that employers attempt to get around paying overtime is through the use of compensatory or "comp" time instead of overtime.

This practice involves employers allowing a worker to take paid hours off in the future based on the amount of overtime hours worked. Most commonly these hours off will be either equal to the amount of overtime, or an hour and a half off for each hour of overtime.

Who Is Entitled to Overtime?

The first step in determining whether an employer is violating wage and hour laws related to overtime is to find out if the law mandates overtime for the employee in question. The first place to look is in the FLSA, which governs overtime requirements on a federal level. The FLSA qualifies all hourly employees for overtime pay, unless they fall into a list of exemptions. The Department of Labor provides a full list of exempt employees. Some of the most commonly applicable exemptions are:

  • - Sales employees working on commission;
  • - Computer professionals making at least $23.67 an hour;
  • - Drivers, loaders, and mechanics employed by motor carriers;
  • - Salesmen, partsmen, and mechanics who work for automobile dealerships; and
  • - Executive, administrative, and professional employees who are paid on a salaried basis.

Illinois’ wage and hour law also contains a list of exemptions, though these largely overlap with the FLSA’s list. For an employee to be exempt from overtime requirements, their occupation would need to be exempted from both the FLSA and the Illinois overtime law.

Is Comp Time Legal?

If a private sector employee falls under the ambit of overtime laws, then paying them with compensatory time instead of an overtime rate violates overtime laws. The purpose of those laws is to provide employees a premium for working overtime, which comp time circumvents. Importantly, this rationale does not apply to all rearrangements of schedules. The overtime laws focus on a weekly time scale, meaning that working more than eight hours in a day does not qualify a person for overtime, and an employer is allowed to shift time within the week to keep an employee below the 40 hour threshold. It is only the banking of paid time off in lieu of an overtime premium that violates the law.

If you believe you have been the victim of an overtime violation like comp time, reach out to a Barrington employment lawyer today. Our team handles cases in many northwest suburbs, including Schaumburg, Rolling Meadows, and Palatine.

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.

Remedies for Unpaid Overtime in Illinois

Web Admin - Thursday, February 06, 2014

illinois unpaid overtime employment lawyerAmerican workers are facing a growing problem; their employers are failing to pay them overtime for extra hours that they worked. According to CNN, wage and hour claims have increased 400 percent in the last decade alone. Employers have a variety of tricks they can use to avoid paying employees the money they owe them. For instance, many employers improperly classify their workers as independent contractors, when they should actually be classified as employees.

This allows employers to subvert overtime laws and shift some of their tax burden to the worker. Employers can also avoid paying overtime by instituting improper policies to prevent employees from logging all of their hours. This can include such practices as forcing employees to clock out for lunches through which they work, making employees show up for work and then wait to clock in until later, or forcing workers to work from home without tracking their hours.

Fortunately, workers in Illinois have remedies available to them. Employees can bring suits for unpaid overtime under the federal Fair Labor Standards Act (“FLSA”) and under the Illinois Minimum Wage law. However, employees should know that both laws provide different limits on the amounts that they can recover from their employer.

The Fair Labor Standards Act

The FLSA is a federal law that protects workers from wage violations. If an employee brings a suit under the FLSA to recover overtime, they can receive overtime pay that the employer owes them from the past two years. That time period may increase to three years if the employee can prove that their employer willfully violated the statute.

A willful violation of the statute occurs if the employer “showed reckless disregard for the matter of whether their conduct violated the statute.” Additionally, in the case of such willful violations, the court may award “liquidated damages.” These extra damages can be as high as the initial amount of overtime owed, meaning the employee can receive twice the amount that the employer failed to pay them.

The Illinois Minimum Wage Law

Illinois also has a minimum wage law under which employees can sue in order to recover overtime pay. Employees can recover up to three years of back pay under this law, regardless of whether the employer willfully violated the law. However, suing under the Illinois law would deprive the employee of the opportunity to receive liquidated damages. Instead, the Illinois law provides for employees to receive two percent interest for each month that their employer owed them overtime.

Do you have questions about your employer’s overtime practices, or think you may be eligible for overtime pay that you never received? Reach out to a Rolling Meadows employment lawyer today. Our firm operates in many northwest suburban areas including Barrington, Crystal Lake, and Palatine.

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


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