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


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