Chicago Overtime Lawyer

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 record keeping. 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.

Understanding the Importance of Protecting Your Rights as an Employee

As an employee, it is crucial to be aware of your rights and ensure they are protected in the workplace. Violations of employment laws, such as overtime violations, can have significant consequences for your well-being and financial stability. At Workplace Law Partners., we are dedicated to fighting for the rights of employees in Chicago, IL, and we understand the complexities of employment law.

Here are some reasons why protecting your rights as an employee is essential:

Ensure fair compensation: Overtime violations can result in unpaid wages, which can have a significant impact on your income. By protecting your rights, you can ensure that you are fairly compensated for the work you have done.
Maintain a healthy work-life balance: Overtime violations can disrupt your work-life balance, as excessive working hours can lead to burnout and strain on personal relationships. By asserting your rights, you can advocate for a healthy work-life balance and protect your well-being.
Prevent workplace exploitation: Protecting your rights as an employee helps prevent workplace exploitation. Employers who violate employment laws may engage in other unfair practices, such as unauthorized deductions or misclassification of employees. By standing up for your rights, you can help create a fair and respectful work environment.
Promote accountability: Holding employers accountable for violating employment laws is essential for promoting fairness and ensuring that all employees are treated equitably. By protecting your rights, you contribute to a culture of accountability in the workplace.

At Workplace Law Partners., we have a deep understanding of employment law and have successfully represented numerous clients in overtime violation cases. Our experienced attorneys are committed to fighting for your rights and helping you navigate the legal complexities of employment disputes. Contact us today to schedule a consultation and learn how we can protect your rights as an employee.

Trusted Legal Counsel

Workplace Law Partners 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 case evaluation today.

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Here is information about overtime from our Illinois employment law handbook:

Chapter 6

Overtime for Illinois Workers

Many workers in Illinois are entitled to overtime. There is a right to overtime under both federal and state law. Here are common answers to overtime questions:

I am on a salary, should I get overtime pay? One frequent overtime myth is that just because someone gets a salary, they don’t get overtime. That is not always the case. Overtime pay is partially governed by the rules set forth in the Fair Labor Standards Act (“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, in fact, 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 is 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 the following: executives, administrative, and professionals.

Non-exempt employees are those individuals who work hourly and 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 in excess of 40 hours in a 7-day workweek. For purposes of calculating the 40 hours worked, only hours actually worked may be included. That is, holiday pay or sick pay does not count towards the 40 hours. Furthermore, because a workweek is defined as a period of seven consecutive days, hours worked in excess of 8 hours on any single day may not require overtime pay if the employee has not worked 40 hours during the workweek.

Are independent contractors entitled to overtime? Many independent contractors are misclassified to avoid paying them overtime. Under the law, even if your employer says you are an independent contract, you may still be entitled to overtime pay if you work over 40 hour per week.

How much do I get for overtime: In determining the amount due for overtime, the typical method of calculation is generally based on an employee’s regular pay rate. Each hour worked in excess of 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.

How Do I Complaint About Overtime Pay: A good starting point is to write a letter:

Dear Human Resources:

I feel that I am not being paid my overtime. Therefore, I am requesting that my overtime pay be reviewed.

Sincerely,

Additional Overtime Resources: If are not being paid correctly, you can also complain to the federal or the Illinois Department of Labor.