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Are you entitled to overtime pay in Illinois?

On Behalf of | Dec 4, 2023 | Employment Law For Employees |

For most people, working beyond scheduled working hours means having less time for their personal lives. Nevertheless, many employees are willing to dedicate extra time to their roles for several reasons, such as receiving extra pay.

However, not all employees can receive overtime pay. Hence, you should check your state laws and company policies before working overtime.

What is your employee class?

When determining whether you should receive overtime pay, you should confirm your classification as a worker. Nonexempt employees who work beyond 40 hours a week should receive overtime benefits while exempt employees are not. Exempt employees include car salesmen, executives and commissioned employees, among others.

If you are a nonexempt employee by definition of the federal and state laws, you are entitled to overtime pay.

How much is the overtime pay?

If you worked over 40 hours in a workweek, you should receive 1.5 multiplied by your regular hourly rate as your overtime pay. What counts as a workweek depends on your employer’s definition under their company policies.

When should you get your overtime pay?

Your employer should pay you your overtime pay on the regular pay day for the pay period and no later than 13 days after the end of said pay period.

If your employer refuses to pay you overtime pay or intentionally misclassifies you to avoid paying it, you can file a wage claim against them up to three years from the date you earned the pay under Illinois laws.

Protect your employee welfare

Wage and hour laws include intricate aspects which, without proper understanding of, can result in employees’ pay deprivation and potential exploitation. Hence, it is crucial for you as a worker to know your rights to protect your employee welfare. If you were unable to prevent your employer’s conscious and intentional holding of your pay, you have remedies you can explore to hold them accountable.