As a lawyer, I can provide you with the legal requirements for an employee in Illinois to be considered exempt from overtime pay. In Illinois, an employee must meet three tests to be exempt from overtime pay: salary, duties, and salary basis tests.
Under the salary test, an employee must earn at least $455 per week or $23,660 annually to be considered exempt from overtime pay. This minimum salary requirement should be met even if an employee's hours worked do not require overtime payment.
Under the duties test, an employee must perform certain job duties to be eligible for a white-collar or executive exemption. This requirement typically includes managerial duties, administrative duties, or professional duties.
Lastly, an employee must also meet the salary basis test. This test demands that the employee is paid a fixed salary regardless of the number of hours worked per week. Additionally, this salary cannot be fluctuated based on an employee's productivity or the quality of work.
It is important to note that there are limitations to the exemptions for certain industries and professions. Exceptions to overtime requirements exist for specific jobs, such as computer-related work, farm laborers, and some entertainment professionals. Furthermore, some professionals, such as doctors and teachers, do not have to meet the salary basis test.
If you are an employer or an employee, it is crucial to seek further legal advice to determine the applicable exemptions for your situation. A licensed attorney can provide advice specific to your circumstances, ensuring that you are in compliance with all applicable law and regulations.
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