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


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