How to Determine Eligibility to Receive Overtime In Illinois

 Posted on March 12,2013 in Contract Disputes

Knowing whether or not you’re eligible to receive overtime has long been an important issue for employees and employers alike. Businesses commonly label positions as exempt from receiving overtime, when the work that’s being performed in that position should be, by law, non-exempt. According to the Illinois Department of Labor, “when determining whether an exempt or non-exempt from receiving overtime, an employer in Illinois needs to review their employee’s classification against both the federal Fair Labor Standards Act (FLAS) and the Illinois Minimum Wage Law.” There are several incidences in which employers don’t always take the initiative, and so it’s good for employers to review these laws as well.

According to the Minimum Wage Law, workers 18 and over must paid a minimum of $8.25 per hour; workers under 19 may be paid $.50 per hour less than the adult minimum wage. Most minimum wage jobs are non-exempt for workers 18 and over, which often gets overlooked. Although the nitty-gritty of state regulations differ, according to the University of California a non-exempt job is such:

• one in which employees are paid for all hours worked
• one in which employees are paid more frequently
• one in which employees must take rest breaks and meal breaks

The same report states that, generally speaking, an exempt position is one in which employees:

• are paid to get the job done regardless of hours worked
• are paid an established salary
• are not required to take meal breaks or rest breaks

These are good basic guidelines to being determining whether your position is exempt or non-exempt, but if you feel as if you’re being wronged by your employer, the most important step is to hire professional help. If you or someone you know has questions to determine your eligibility for overtime—or feel as if you’ve been violated in regards to the minimum wage law—contact an experienced Illinois employment attorney today.

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