Under Illinois law, overtime pay for employees who work over 40 hours a week is required unless the employee falls under one of several specific exemptions.
The Illinois Minimum Wage Law (IMWL) requires employers to pay employees who are not exempt from overtime at a rate of one and one-half times the regular rate of pay for all hours worked in excess of 40 hours in a workweek (defined as any 7 consecutive 24-hour periods) (820 ILCS 105/4a(1)). This applies to both hourly and salaried employees.
Exemptions to this requirement include certain administrative, executive, and professional employees, as well as outside salespersons and certain computer professionals. In general, these exemptions are based on the employee's salary, job duties, and level of responsibility.
It is important to note that employers cannot waive an employee's right to overtime pay, even if the employee agrees to do so in writing. Any written agreement to waive overtime pay is unenforceable and may result in legal action against the employer.
If an employee believes they have been improperly classified as exempt and denied overtime pay, they may file a complaint with the Illinois Department of Labor or bring a private lawsuit. Such claims may involve the recovery of unpaid overtime, liquidated damages, and attorney's fees.
Thus, if an employee is working over 40 hours a week and is not exempt from overtime, an employer in Illinois is required to pay the employee one and one-half times their regular rate of pay for all hours worked over 40 hours in a workweek. Employers should carefully review their employee classifications to ensure compliance with Illinois law.
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