Illinois Overtime Laws

Hard work is frequently quoted as the secret ingredient to career success. Hard work can also pay off when it comes time to collect your check. So it’s important to know that your employer is paying you the wage you’re entitled under state and federal law.

When you work more than 40 hours per week, those extra hours are typically considered overtime. Most employees are entitled to overtime pay at one and a half times their regular rate. Understanding when you qualify for overtime can be confusing, but it’s worth money in your pocket to understand the basics of Illinois overtime laws.

Illinois Overtime Law Summary

This chart highlights key provisions of Illinois overtime law.

State and Federal Statutes

Overtime Calculation Methods:

  • Hourly: pay time and a half over 40 hours work/week.
  • Hourly Plus Bonus and/or Commission: regular rate = (total hours times hourly rate) plus the workweek equivalent of the bonus and/or commission, divided by the total hours in the workweek; then pay half of that regular rate for each overtime hour.
  • Salary: regular rate = salary divided by the number of hours the salary is intended to compensate.
    • If the regular hours are less than 40: add regular rate for each hour up to 40, then pay time and a half for hours over 40.
    • If the regular hours = 40: pay time and a half for hours over 40.

Illinois Overtime Rules

  • Highly paid workers (+$100,000) can be entitled to overtime
  • No mandatory overtime for working more than 8 hours a day
  • 3-year statute of limitation for collecting unpaid overtime.
  • Any employer with one or more employee is covered by state overtime law

Filing a Wage Complaint

What is Federal Overtime Law?

Illinois labor code contains many of the rules that control how employees and employers interact. However, the federal government maintains control over certain labor laws to provide a minimum standard for employees across the country. These laws set a national minimum wage, and regulate overtime, child labor standards, and recordkeeping rules. The majority of these federal laws are contained in the Fair Labor Standards Act (FLSA) of 1938. States are can provide workers with more rights and benefits than offered by the FLSA, but not less.

Calculating Overtime in Illinois

State law states that an employee who works more than 40 hours in a workweek is entitled to compensation at the rate of 1.5 times the employee’s regular rate of pay for hourly workers. Averaging of hours over two or more weeks is not permitted. Here’s what different about how Illinois calculates when overtime pay is required:

  • Employee are not entitled to overtime compensation for time worked in excess of 8 hours per day.
  • Overtime is only required for hours worked over 40 per work week.

Who is not entitled to overtime?

Not all employees are eligible for overtime pay. Under FLSA, those employed as executives, administrators, and professional and outside sales employees are exempt from overtime requirements. An employee’s job duties must qualify for the exemption, plus they must be paid a salary of at least $455 per week.

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. Illinois law does recognize the following jobs to be exempt from the overtime rule:

  • Salesmen and mechanics involved in selling or servicing cars, trucks or farm implements at dealerships
  • Agricultural labor
  • Executive, administrative or professional employees as defined by the FLSA
  • Certain employees involved in radio/television in a city with a population under 100,000,
  • Commissioned employees defined by FLSA Section 7(i)
  • Employees who exchange hours pursuant to a workplace exchange agreement,
  • Employees of certain educational or residential child care institutions.

One Day Rest in Seven

The One Day Rest in Seven Act requires employees to have a minimum of 24 hours of rest in every calendar week. A calendar week is defined as seven consecutive 24 hour periods starting at 12:01 a.m. Sunday morning and ending at midnight the following Saturday. Employers may ask IDOL for a exception to this requirement. The employer must show that all employees who will be working seven days in a row are doing so voluntarily.

Research the Law

State laws are always subject to change. It’s important to verify the laws you’re researching by conducting your own research or consulting with a qualified Illinois employment attorney. If you have additional questions about wage laws in Illinois, review the following links:

Have a Wage or Overtime Issue? Get a Free Claim Review

Wage and overtime laws are full of exceptions and requirements. It can be difficult to understand what you are entitled to as an employee. If you have wage or over-time issues at work, you may want to speak with an Illinois attorney who has experience in this area of the law. In addition to helping you navigate labor law requirements, an attorney can help you recover any damages and lost wages caused by improper overtime reporting. Receive a free claim review to learn more about your rights under Illinois law.

Next Steps: Search for a Local Attorney

Contact a qualified attorney.