Overtime payment laws vary significantly by state. To receive overtime benefits, you must reach certain requirements, but you also must lie in the correct line of work for the court to consider you eligible. You may wonder if your Illinois company compensates you fairly.
Before accusing your company of illegal action, you may want to understand the details of overtime pay in Illinois. Should you find yourself in a position that proves your employer illegally withholds overtime payments, you may wish to contact an experienced attorney to discuss your circumstances and options.
The basic elements of Illinois overtime pay
According to the Illinois Department of Labor, employers must pay overtime if you work over 40 hours per week. The law entitles you to a payment of one and a half times your regular hourly wage.
Some quick facts regarding overtime pay include:
- You may still qualify for overtime pay even your company pays you through salary.
- Your employer may legally require you to work overtime.
- Your employer is also not required to pay you overtime for working on a legal holiday.
All scenarios related to your position vary, but ensuring that you receive the correct pay could help you determine the difference between your employer’s legal and illegal action.
Understanding when overtime applies
Many hourly or salaried employees assume that because they receive a paycheck, they fall under overtime laws in Illinois. Unfortunately, some careers prove entirely exempt from overtime payments from their employers. These exempt jobs include:
- Salesmen and mechanics dealing with cars or trucks
- Agricultural/farm labor
- Some radio/television employees
- Employees of some educational or residential child care institutions
- Executive, administrative or professional employees: Many careers fall under this category. To be exempt, you must:
- Be salaried
- Complete exempt duties
Hiring an experienced employment attorney to identify whether your employer withholds your job earnings ensures that you do not file a false claim against your employer. You may save time, money, as well as your job reputation by not accusing your company of not fairly paying employees.