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Illinois Overtime LawThis page is devoted to Illinois law. For information on Federal law or other states see our overtime page. In Illinois, it is the Illinois Minimum Wage Law that covers unpaid overtime. Like the Federal Fair Labor Standards Act (FLSA) Illinois law requires that non-exempt employees receive overtime pay equal to 1.5 x their regular hourly pay for any hours worked over 40 in a week (overtime). For more specifics about the Federal Law, please see our overtime and wages page. 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 the unpaid overtime pay if they are non-exempt. The unpaid overtime wages are calculated by dividing the weekly salary by 40 (or a bi-monthly salary by 80) to get the regular hourly rate and then multiplying that by 1.5 to get the overtime rate. The overtime rate times the number of overtime hours gives you the amount owed in unpaid overtime wages. There are some significant differences between the Illinois overtime law and Federal overtime Law. The first is the statute of limitations. The Illinois overtime law provides that unpaid overtime can still be collected up to three years from the date the pay was earned, while the Federal overtime law allows unpaid overtime to be collected up to two years later and up to three years if the employer was consciously and intentionally violating the overtime law. Another difference between the overtime pay law in Illinois and the Federal Law is the penalties for unpaid overtime. Where an employee has unpaid overtime, under the Illinois overtime law, the employee gets an additional 2% of the amount of unpaid overtime for each month following the month that the overtime pay was due. Although it is not necessary, it can help to have a Chicago overtime lawyer, or at least an Illinois overtime lawyer review your case. ExemptionsThe Illinois overtime law has the same major exemptions as the Federal overtime law. (An exempt employee is one who is not entitled to overtime pay because of what he does. See our overtime page for more information on Exempt v. Non-Exempt Employees.) Other exempt employees in Illinois include: salesmen, mechanics, agricultural employees, employees of not for profit educational or residential child care institutions, among others. But the fact that a person is exempt under the Illinois overtime law does not mean that unpaid overtime cannot be pursued under the Federal Law. Filing Both Illinois and Federal Law ClaimsA person can file claims for unpaid overtime under both the Illinois overtime law and the Federal Fair Labor Standards Act at the same time. The case would likely proceed in Federal Court in Chicago or Rockford, Illinois if the person works in Northern Illinois, and in Peoria, Champaign-Urbana, Springfield, Rock Island, or East St. Louis, Illinois if in Central or Southern Illinois. The Federal Court will simply enforce both laws including their differences. RetaliationIt is also illegal for an employer to retaliate against an employee for asking for his unpaid overtime pay, for contacting an attorney, or even filing a claim. If you complain of not receiving your unpaid overtime pay and your employer fires you, you have a claim for retaliation. This is a separate violation of the law and you should definitely consult an employment lawyer. If you have been paid a salary when you should not be, if you have unpaid overtime owed to you, or have only been paid your regular wage for overtime hours, you may be entitled to more money. Unpaid overtime is more common than you might think and its important to pursue your rights. The overtime and wage laws are very complex, but the overtime lawyers at Maduff & Maduff understand them and we can help you get your unpaid overtime.
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