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


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