Wage and Hour Laws That Illinois Employers Need to Know

 Posted on July 15, 2022 in Employment Law

There are multiple laws that are meant to protect the rights of workers, and employers can face significant penalties if they violate their legal requirements. Wage and hour disputes may occur if employees claim that an employer has not properly paid them for the hours they have worked. These may include disputes related to minimum wage, overtime pay, or requirements related to hourly wages, breaks, or other factors. To avoid potential penalties or costly legal disputes, Illinois employers will need to understand the laws that address these issues.

Illinois Laws Affecting Employee Hours and Wages

Employers in Illinois must meet the following requirements:

• Minimum wage - As of January 1, 2022, the minimum wage in Illinois is $12.00 per hour. For the first 90 days of employment, an employer may pay a training wage of $11.50 per hour.

• Tipped employees - If an employee earns tips, their employer may consider 40 percent of their wages to be considered to come from these tips. This means that if an employee earns the minimum wage of $12.00 per hour, the employer may pay them $7.20 per hour.

• Overtime - If a worker works for more than 40 hours in a single week, they must be paid one and one half times their regular hourly wages for any time over 40 hours. Workers may be required to work on Sundays or holidays, and working on these days will only require overtime pay if this results in the person working more than 40 hours per week. However, if an employer has a stated policy of paying time and one half or double time for holidays, they will be required to abide by this policy when paying workers for working on these days.

• Breaks - During every shift of at least 7.5 hours, employers are required to provide employees with a 20 minute break. This break must take place no more than five hours after the start of an employee’s shift.

• Employees under the age of 18 - Workers who have not yet reached the age of 18 may be paid at the hourly rate of $9.25 per hour. However, this rate will only apply for the first 650 hours a person works in the 365 days after their date of hire. If a person works more than 650 hours in a calendar year, they must be paid the standard minimum wage after that point.

• Days off each week - Under the One Day Rest in Seven Act, employers are required to provide employees with at least 24 hours of rest each week. Employees cannot be required to work seven days each week. However, employers may receive an exemption from this law if employees voluntarily agree to work the seventh day in a week.

Contact Our Illinois Wage and Hour Dispute Attorney

Even though most employers and employees are aware of the laws regarding minimum wage and overtime, violations of these laws may still occur. In some cases, employers may fail to follow certain policies due to routines or habits in the workplace, or they may inadvertently commit violations due to a misunderstanding of their requirements. When disputes arise between employers and employees, resolving these matters can be time-consuming and costly, and employers may potentially face penalties for violations of the law. At the Miller Law Firm, P.C., we work with employers to ensure that they can address these issues properly, avoid violations, and resolve disputes quickly and efficiently. Contact our Schaumburg employment lawyer today at 847-995-1205 to discuss these or other issues in a free consultation.

Sources:

https://www2.illinois.gov/idol/FAQs/Pages/minimum-wage-overtime-faq.aspx

https://www2.illinois.gov/idol/Laws-Rules/FLS/Pages/ODRISA.aspx