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How does overtime pay work in Illinois?

On Behalf of | Nov 3, 2023 | Wage & Hour Laws

Overtime pay plays a key role in compensating employees for time worked beyond standard hours. It not only rewards the extra effort but also serves as a financial incentive for employers to manage work schedules more efficiently.

By requiring higher pay rates for overtime, the system discourages excessive workloads and encourages better work-life balance for employees.

Calculating overtime rates

In Illinois, if you work more than 40 hours in a single workweek and are a non-exempt employee, it is likely you should receive overtime pay. In general, that pay should be 1.5 times your regular rate for each hour worked over 40 hours. Illinois law does not require overtime pay for working more than 8 hours in a single day, only for more than 40 hours in a workweek. There are multiple methods that can determine your overtime rate. Your employer may consider factors like your hourly rate, bonuses or commissions to calculate it.

Illinois also has a One Day Rest in Seven Act, which mandates that employees get at least one day off per week. This can have implications for overtime pay, especially for those working long shifts or six to seven days a week.

Qualifying for overtime pay

Not everyone qualifies for overtime pay. Certain employees, like executives and administrators, are exempt. Exempt employees are not eligible for overtime pay, typically because they hold managerial or professional roles and earn a salary. Non-exempt employees are usually eligible for overtime pay when they work more than the standard 40-hour workweek. Most hourly wage earners are non-exempt, but classification can be complex.

If you discover that you have not received the correct amount of overtime pay, you have three years to collect your unpaid wages. After this period, you may lose the opportunity to claim your rightful earnings. Federal labor laws, mainly governed by the Fair Labor Standards Act, set the minimum standards for overtime pay. However, Illinois offers additional benefits to its workers.

Understanding overtime pay regulations is beneficial for employees in Illinois. While the rules may seem complicated, they exist to ensure a balanced work environment and fair compensation.