Website design By BotEap.comThe following pertains to Illinois law only and is compiled from our conversations with various Illinois employment attorneys.

Website design By BotEap.com1. Check if your company pays overtime. Not all employers are required to pay overtime. Employers in Illinois who earn around $500,000 or more in annual income generally have to pay. If your employer earns significantly less than $500,000 in revenue each year, you may not be entitled to overtime pay.

Website design By BotEap.com2. The same rules apply to all sizes of employers. Employers in IL must comply with overtime laws regardless of size. For example, if you own a business and are the only employee, you should be paid overtime (as long as you are not exempt). The law is not affected by the size of the employer.

Website design By BotEap.com3. Understand “exempt.” Some employees are exempt and not covered by OT laws. If you are exempt, you will not receive extra pay when you work more than 40 hours per week.

Website design By BotEap.com4. Determine if you are exempt. In general, under Illinois law, highly skilled employees such as executives, managers, and professionals such as doctors, lawyers, and engineers are exempt from OT laws. If you’re not sure, an Illinois employment attorney can help you determine if you’re exempt.

Website design By BotEap.com5. Receiving a salary does NOT mean you are exempt. Receiving a salary does not automatically exempt you from overtime pay; the nature of your position determines whether you are entitled to overtime. Consult with an Illinois labor attorney to determine if you should receive more money, whether you are paid a salary or an hourly wage.

Website design By BotEap.com6. Check your overtime pay date. Payments are due on the regularly scheduled payment date. Generally, an employer cannot withhold your payment until a later date.

Website design By BotEap.com7. Training time counts. The time you spend attending training meetings, seminars, and conferences for your business is generally included in the OT calculation unless all of the following are true:
1) training is voluntary, and
2) takes place outside of normal business hours, and
3) is not directly related to your job, and
4) You do not perform any work for your employer during the training. Again, these tips are based on Illinois law.

Website design By BotEap.com8. It is illegal for your employer to ask you to give up your right to overtime. Your employer cannot ask you to waive this right. Even if you agreed to sign a waiver, the agreement is not enforceable unless 1) the waiver was specifically approved by the Illinois Department of Labor, or 2) you were represented by an attorney when you made the agreement. If you accepted a waiver and none of these situations apply, an Illinois employment attorney can help you determine if you are entitled to back pay.

Website design By BotEap.com9. Collect your overtime back pay. You can collect the back pay you earned during the last two years. If your employer intentionally broke the law (for example, by making you sign an illegal waiver of overtime rights), they can collect back pay for the last three years. An Illinois employment lawyer can help you collect the payment you are owed.

Website design By BotEap.com10. Learn more about the law. If you think you may have a legal problem related to OT payment, an Illinois employment lawyer can help you determine if he should file a case against your employer. You should also read the Fair Labor Standards Act, which is a federal law. Most of the law applies in Illinois, although there are some differences regarding which employees are exempt.