When an employee in Illinois works more than 40 hours per week, they will likely be entitled to overtime pay. While the federal government has restricted who can receive overtime benefits, Illinois can still override these restrictions, which it often does.
Exceptions for Exempt Jobs
Illinois does not prohibit the number of hours anyone over 16 years of age can work. However, in general, unless you are in an exempt class of workers, if you work over 40 hours per week you are entitled overtime at 1.5 times your normal rate of pay. However, different jobs, often referred to as “exempt jobs,” have different exceptions to this rule. For instance, secretaries and managers are often exempt from this.
The Fair Labor Standards Act
The Fair Labor Standards Act (FLSA), which is a federal law, governs overtime laws. The FLSA helps to ensure that workers receive payment for their hours worked, including overtime pay. However, overtime pay sometimes remains unpaid for various reasons. One reason that this goes on without employees receiving payment is that they are unaware that they are even entitled to overtime pay.
Overtime payments are calculated on the basis of a worker’s average hourly rate – even if that worker receives a salary or commission. In other words, the average hourly rate, in that case, would be calculated from the salary or commission (the total pay in a workweek divided by the total number of hours worked).
Employee or Company Worker vs. Independent Contractor
It’s important to note that independent contracts may not receive overtime pay since they are technically not company employees or workers. This is not to say that some people are not incorrectly classified as independent contractors. You can often tell if you are working for a company versus as an independent contractor if the employer has control over things like how you dress, what your schedule is like, or if they provide you with equipment or prohibit you from working for their competitors. If this is the case, it’s likely that you are an employee regardless of how you have been paid up to this point.
Another consideration concerning overtime pay is your employer’s total revenue. If your employer’s annual revenue is less than $500,000, they are generally not required to pay out any overtime benefits.
The IL Employment Law Attorneys at ST Legal Group Can Help
If you or a loved one is dealing with any work-related issues, including being denied overtime pay to which you believe that you are entitled, it’s imperative that you protect yourself and your legal rights. That’s why it’s in your best interest to consult with a qualified lawyer. A knowledgeable and experienced Illinois employment law attorney can help you to fight for what you deserve. The qualified attorneys at ST Legal Group can help to protect your employment rights. To learn more, or to schedule a consultation, contact us today!