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.
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.
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.