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


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