Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. Practical nurses and paralegals, who would otherwise fall under the exempted category, are also specifically protected by overtime law as these particular professionals often endure long hours of work, and may be exploited or overworked by their employers otherwise. Let us know in a single click, and we'll fix it as soon as possible. If you believe your employer owes you overtime, learn how to file an overtime claim in Illinois. While some states have daily overtime limit which entitles any employee who works for more then a certain number of hours in a single day to be paid overtime, Illinois does not specify a daily overtime limit. Anyone, 6 months of age and older, is eligible to receive the COVID-19 vaccine. Illinois law requires employers to allow employee to take paid voting leave for up to two (2) hours if the employee's working hours begin less than two (2) hours after the opening of the polls and end less than two (2) hours before the closing of the polls. Outside of exceptions, Illinois overtime law requires that employees be paid time and one half their regular rate for any hours over 40 worked in that employee's workweek. Tip In the public sector, compensatory time off for both exempt and nonexempt employees is acceptable. In Philadelphia, Economy Struggles to Keep Up with New Influx of First Major Overhaul of Cosmetics Regulation Since FDR Administration, Governor Kathy Hochul Proposes New York State Housing Compact. Final Regulations Governing Illinois Equal Pay Acts Certification Weekly Bankruptcy Alert: January 17, 2023 (For the week ending Bankruptcy Court Allows Service of a Subpoena Via Twitter. No mandatory overtime for working more than 8 hours a day. If you have additional questions about wage laws in Illinois, review the following links: The State of Illinois wage and overtime laws are full of exceptions and requirements. You may be paid either a salary or commission-based structure, but you must not spend more then 20% of your time doing work other then sales to fall under this classification. The FBLA also provides that employees are entitled to this leave due to (i) a miscarriage; (ii) an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure (such as Invitro Fertilization); (iii) a failed adoption match or an adoption that is not finalized because it is contested by another party; (iv) a failed surrogacy agreement; (v) a diagnosis that negatively impacts pregnancy or fertility; or (vi) a stillbirth. The Fair Labor Standards Act (FLSA) automatically qualifies certain types of workers who meet overtime pay requirements to receive overtime for all hours worked over 40 in a single week (or daily overtime limits set by Illinois overtime laws). Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. Interestingly, it's up to the Illinois employer to define "work week," but the state determines the rate of overtime pay - it clocks it at time and one half of an employee's regular pay rate, for hourly employees. "Just like the FLSA, the Illinois overtime law requires that non-exempt employees receive overtime pay equal to 1.5 x their regular hourly pay for any hours worked over 40 in a week (overtime)." Washington, DC 202101-866-4-US-WAGE1-866-487-9243, Administrator Interpretations, Opinion and Ruling Letters, Resources for State and Local Governments. IL Overtime, For more information, visit the Minimum Wage/Overtime Law page. What are Illinois Overtime Laws? Scheduled Hearings/Audiencias Programadas Illinois differs from the federal standard because it does not recognize an exemption for highly compensated exemption, which typically applies to those making over $100,000 per year. Because of the nature of the work environment and working hours required by certain careers, there are a wide variety of specific exemptions to Illinois overtime eligibility. Compensatory time off in place of payment for overtime is not legal in the private sector., Wage Payment and Collection Act Penalties, Day and Temporary Labor Service Agency FAQ. Typically ot is calculated per week and not per pay period. However, if your employer's policy allows for payment of time and one half or double time, then the employer must honor the agreement. Mikela Sutrina is an associate in the Labor and Employment Practice Group in the firm's Chicago office. Which complaints can I file with the Department of Labor? Wage payment laws. Illinois employers also have to give employees a day off if they work more than 20 hours a week. What does an employer have to do after receipt of a Notice of Wage Claim? Workers making at least this salary level may be eligible for overtime based on their job duties. Please also note that benefit payments may take longer to process during this time. If working the legal holiday or Sunday puts you over 40 hours in a workweek, then your employer must pay you at time and one-half of your regular rate of pay for those hours over 40. The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). Need more information? The Davis-Bacon Act is under the jurisdiction of the U.S. Department of Labor. When an employee works more than 40 hours per week, those extra hours are typically considered overtime wages. It gets a bit more unique when we start talking about holidays and Sundays. Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the wages were earned. Learn more about the Illinois labor laws. Illinois Department of Labor Laws and Rules Fair Labor Standards Division Overtime Exemptions In Illinois Fair Labor Standards Division Child Labor Law Day and Temporary Labor Services Act Day and Temporary Labor Services Act Amendments Day & Temporary Labor Service Agency Registration Employment Certificates for Minors [CDATA[/* >