Chicago Overtime Attorneys

Supporting Clients for Over 100 Years

Overtime pay is compensation for an eligible employee who works over 40 hours per week. Not all employees qualify for overtime pay and some may have caps for overtime hours. In some cases, employers may not pay employees for overtime which is grounds for legal action. It is crucial that employees consult with an attorney about their legal rights.

Call our Chicago overtime attorneys at (312) 818-2407 to learn how we can help you.

Illinois Overtime Laws

Overtime regulations are a significant part of the Fair Labor Standards Act (FLSA). The FLSA includes federal guidelines for employment including overtime, minimum wage, child labor standards, and recordkeeping. These standards are intended to protect workers and provide clarity for employers operating businesses of all sizes.

To understand overtime, it is important to understand employment status. According to the FLSA, there are two distinctions for employees including:

• Exempt: Exempt employees are not entitled to overtime pay
• Non-exempt: Non-exempt employees may be entitled to overtime pay

Depending on a worker’s status under the FLSA they may not be entitled to overtime and cannot pursue legal action if their employer does not compensate for hours worked over 40 hours in one week.

In Illinois employers are required to pay time-and-a-half for all hours worked over 40 hours but overtime is not required for Sundays or legal holidays unless working those days would put the employee in excess of 40 hours for the week.

Overtime FAQs

Our Chicago overtime lawyers are often asked whether employees are entitled to overtime. Common questions often include the following:

• Q: I am a salaried employee; can I get overtime?

  A: One frequent overtime myth is that just because someone gets a salary, they do not get overtime. That is not always the case. Overtime pay is partially governed by the rules set forth in the FLSA. Whether an employee is eligible for overtime pay depends on whether the employee is classified as an “Exempt Employee” or a “Non-Exempt Employee” under the FLSA. Just because your employer says you are exempt does not mean that you are exempt.

  Generally, employees deemed exempt by the FLSA are those employees who are salaried and occupy a managerial position. For these employees, the job title the employee holds are not determinative of whether they are to be paid overtime under the FLSA. Rather, exempt employees often manage or direct employees and require advanced education. Thus, what determines whether an employee is exempt is the actual responsibilities the employee performs. For simplification purposes, exempt employees are typically classified as executives, administrative, and professionals.

• Q: Can independent contractors get overtime?

  A: Many independent contractors are misclassified to avoid receiving overtime pay. Under the law, even if your employer says you are on an independent contract, you may still be entitled to overtime pay if you work over 40 hours per week. Non-exempt employees are those individuals who work hourly and on salary and are not specifically exempt from being paid overtime. That is, non-exempt employees often do not have managerial responsibilities.

  To qualify for overtime, pay, non-exempt employees must work more than 40 hours in a 7-day workweek. For purposes of calculating the 40 hours worked, only hours worked may be included. That is, holiday pay or sick pay does not count toward the 40 hours. Furthermore, because a workweek is defined as a period of seven consecutive days, hours worked more than 8 hours on any single day may not require overtime pay if the employee has not worked 40 hours during the workweek.

• Q: How is overtime calculated?

  A: When determining the amount due for overtime, the typical method of calculation is generally based on an employee’s regular pay rate. Each hour worked more than 40 hours must be paid at one and one-half rate of pay. For employees, whose regular pay rate is less than the minimum wage, the legal minimum wage rate is substituted as the employee’s regular rate of pay.

Trusted Legal Counsel

Fish Potter Bolaños, P.C. is proud to serve clients in Chicago and the surrounding areas. Our trusted legal professionals have over 100 years of combined experience handling a wide range of labor and employment matters from overtime to discrimination and wrongful termination. We know how difficult employment concerns can be, so we offer the support and guidance our clients need when facing complex legal issues.

Our Chicago area law firm litigates wage, overtime, and compensation disputes for employers and employees. Schedule your free initial consultationtoday.