Do salaried employees get paid overtime in Illinois?

Salary workers may be entitled to overtime pay in Illinois. Professionals and executives are exempt from overtime pay. Illinois determines executive or professional status based on federal standards.

How many hours can a salaried employee work in Illinois?

As discussed on our overtime page many employers try to avoid paying overtime by simply paying their employees a salary, even though the employees are working more than 40 hours in a week. In such cases, the employees are still entitled to overtime pay if they are non-exempt.

Can salaried employees claim overtime?

Employees will not be entitled to overtime where a contract pays an annual salary and the contract requires staff to be flexible. That being said employers need to be careful and ensure they are paying at least the National Minimum Wage according to the hours worked.

What is the new overtime law for salaried employees?

New Overtime Salary Rules Effective January 1, 2020 The new overtime rule sets the minimum yearly salary for exempt employees at $35,568 or $684 per week, versus the current salary requirement of $23,600/year or $455 per week.

Are 15 minute breaks required by law in Illinois?

Illinois Law Requires Rest Breaks Only for Hotel Room Attendants. These employees must be provided two paid rest breaks, 15 minutes each, if they work at least seven hours. These breaks are in addition to the meal break described above. Attendants must be provided a break area, with seating.

How do employers get away with not paying overtime?

If you work over 8 hours in a day or more than 40 hours in a week, your employer may be required to pay overtime wages. If your employer has not paid you overtime under California wage and hour laws, you may be able to recover unpaid OT by filing a wage and hour lawsuit.

Is it legal not to pay overtime?

In summary, it is not illegal to refuse making overtime payments but this is dependent on whether or not your employees’ modern award or agreement sets out overtime rates do not apply. Otherwise, you must pay your employees overtime or penalty rates, which you must legally do so.

Do salaried employees get overtime pay in Illinois?

Any salaried employee who is not exempt from federal or Illinois law, may receive overtime pay. The rate of overtime pay for each hour over 40 hours, is calculated as time and a half of the employee’s regular rate of pay. Double pay is not required to be paid on weekends or holidays,…

What is the minimum wage in Illinois?

The Illinois minimum wage as of July 1, 2020, is $10 per hour for non-tipped employees ages 18 and over, which is a fair bit higher than the federal minimum wage of $7.25 per hour. Minors (ages 18 and under) may be paid a minimum wage of $8.00 per hour.

What is the legal difference between salary and overtime?

The difference between salary and overtime is that overtime typically must be paid to someone who is paid hourly wages, while a salaried employee may be exempt from receiving overtime. Some employees are paid salaries, while others are paid hourly and receive overtime pay for putting in extra hours.

Which jobs are eligible for overtime pay?

Any job that earns a minimum wage, is eligible for overtime pay and does not meet the requirements of exempt employees is considered non-exempt. Examples of non-exempt employees include contractors, freelancers, interns, servers, retail associates and similar jobs.