Yes. Illinois employees may be covered by both the Illinois Minimum Wage Law and the federal Fair Labor Standards Act (FLSA), which require many employees to receive overtime pay. Illinois overtime law generally requires covered employees to receive time and a half for hours worked over 40 in a workweek. The FLSA also establishes overtime requirements for covered employees. 

If you have ever heard the terms “exempt” or “non-exempt,” those refer to whether an employee is legally entitled to overtime pay. Determining whether an employee is exempt can be complicated and depends on the employee’s job duties, how they are paid, and the specific exemption that may apply. Illinois employers generally must consider both federal and Illinois requirements when determining whether an employee is exempt from overtime. 

The general rule is that covered, non-exempt employees are entitled to overtime pay at one and a half times their regular rate of pay for all hours worked over 40 in a workweek. Overtime is calculated based on the employee’s regular rate of pay, which can include certain forms of compensation in addition to an employee’s regular hourly wage. 

Overtime pay is commonly known as “time and a half” because it is one and a half times the employee’s regular rate of pay. For example, an employee who normally earns $20 per hour would generally earn $30 per hour for covered overtime hours. The overtime requirement applies to hours worked over 40 in a workweek, rather than simply to hours worked on a particular day. 

However, not every Illinois employee is entitled to overtime. Illinois law provides exemptions for certain employees, including certain executive, administrative, and professional employees, as well as certain other categories of workers. The requirements for these exemptions can be technical, and simply being paid a salary does not automatically make an employee exempt from overtime. An employee’s primary job duties and method of compensation may both be relevant. 

Other exemptions may apply to certain commissioned employees, outside sales employees, agricultural workers, and employees in particular industries or occupations. For example, Illinois recognizes an outside-sales exemption for employees whose primary duties involve making sales or obtaining orders away from the employer’s place of business and who meet the applicable requirements. Because overtime exemptions depend on the specific circumstances of the employee and position, an employee who is unsure whether they are entitled to overtime may benefit from speaking with an Illinois overtime lawyer. 

They often are. If you receive a salary and your employer does not pay you overtime, you still may be entitled to overtime pay. Being paid a salary does not automatically make an employee exempt from overtime requirements. 

The key question is whether you are exempt from the overtime requirements of the Fair Labor Standards Act (FLSA) and applicable Illinois law. Exemptions can depend on your job duties, how you are paid, and whether you meet the specific requirements for an applicable exemption. If you are a salaried employee who regularly works more than 40 hours a week without receiving overtime pay, a Chicago overtime lawyer can help you determine whether you may be entitled to recover unpaid overtime. 

In Illinois, as under federal law, overtime pay is generally one and a half times the employee’s regular rate of pay. For example, a non-exempt employee who makes $20 per hour would generally receive $30 per hour for each hour worked over 40 in a workweek. So, if they worked 50 hours in a week, they would generally be owed $20 per hour for the first 40 hours and $30 per hour for the additional ten hours. 

The overtime rate is calculated based on the employee’s regular rate of pay, so it will not be the same for everyone. Certain forms of compensation, including some commissions and other types of non-hourly compensation, may need to be included when determining an employee’s regular rate for overtime purposes. For example, an employee with a high base salary and significant commissions may have a higher overtime rate than an employee earning only an hourly wage. 

Illinois law generally requires covered, non-exempt employees to receive overtime pay for hours worked over 40 in a workweek. However, exemptions and special rules can apply to certain employees and industries. If you believe you have not been properly paid overtime, a Chicago overtime lawyer can help you determine whether you may be entitled to recover unpaid overtime wages. 

While many Illinois employees are entitled to overtime pay for working more than 40 hours in a workweek, certain employees are exempt from overtime requirements if they meet specific legal requirements. Depending on the circumstances, these may include: 

• Certain executive, administrative, and professional employees 
• Certain outside sales employees 
• Certain computer employees 
• Certain commissioned employees
• Certain transportation workers 
• Certain agricultural workers 
• Certain live-in domestic service employees 
• Certain employees in amusement or recreational establishments 
• Certain employees in other occupations specifically exempted under federal or Illinois law 

Simply having a particular job title or being paid a salary does not automatically make an employee exempt from overtime. Exemptions can depend on an employee’s job duties, compensation, industry, and other specific requirements under applicable law. 

If you’re not sure if you qualify for overtime pay, contact a Chicago unpaid overtime lawyer for a confidential consultation. An overtime attorney can help determine whether you may be entitled to compensation for unpaid overtime or other back wages. 

In Illinois, there is generally no limit on the number of hours an adult employee can legally work in a single day. However, Illinois law does require employers to provide certain employees with adequate time off, including at least one day of rest in every seven-day period under the One Day Rest in Seven Act. There are also specific rules and exceptions that may apply depending on the employee, industry, or circumstances. 

That said, employers who require employees to work long hours may still be required to pay overtime. Under Illinois and federal overtime laws, covered, non-exempt employees generally must receive overtime pay for hours worked over 40 in a workweek. If an employer fails to properly compensate employees for overtime, the employees may be able to pursue a claim to recover unpaid wages, individually or, when applicable, as part of a collective or class action. 

If you believe you have worked overtime without being properly compensated, a Chicago overtime lawyer can help you understand your rights and whether you may be entitled to recover unpaid overtime wages. 

Illinois employers can generally require their employees to work overtime, but covered, non-exempt employees must be paid overtime for hours worked over 40 in a workweek. Under the Fair Labor Standards Act (FLSA) and applicable Illinois law, qualifying employees are generally entitled to time-and-a-half for those overtime hours. 

If an employee refuses to work overtime, their employer may generally be within its rights to terminate their employment because Illinois is an at-will employment state. This means an employer can generally terminate an employee for almost any reason, as long as the reason is not illegal. However, there are important exceptions to at-will employment, including protections against discrimination and retaliation for exercising certain legally protected rights. 

Firing an employee for demanding overtime pay, reporting unpaid overtime, or otherwise opposing a violation of wage and hour laws can be illegal retaliation. The FLSA provides protections against retaliation for employees who exercise their rights to receive minimum wage and overtime pay. Illinois law also provides protections for employees who exercise their rights under applicable wage and hour laws. 

If you believe you were fired or otherwise retaliated against after raising concerns about unpaid overtime, a Chicago overtime lawyer can help you understand your options. 

Software sales executives, account executives (AEs), business development managers (BDMs), and other salespeople may experience a variety of pay issues, including unpaid commissions, unpaid PTO, and unpaid overtime. Employees who work in software, technology, and other sales industries may contact an Illinois employment lawyer about these issues when they arise or after they have been fired or left a difficult workplace. 

One issue that can arise at both startups and established software and SaaS companies is whether salaried sales employees are entitled to overtime pay. Employers and employees alike may assume that receiving a salary and commissions automatically means a salesperson is exempt from overtime. That is not necessarily the case. Whether a salesperson is entitled to overtime depends on the employee's job duties, compensation structure, and whether the employee meets an applicable overtime exemption under the FLSA and Illinois law. 

For example, certain outside sales employees may be exempt from overtime if they meet the requirements of the applicable exemption. Inside sales employees, however, may not qualify for that exemption simply because their job title includes the word “sales.” The specific nature of the employee's work and compensation can be important in determining whether overtime is owed. 

Commissions can also affect how overtime is calculated. For a non-exempt employee who receives commissions, certain commissions and other forms of compensation may need to be included when calculating the employee's regular rate of pay for overtime purposes. This can increase the amount of overtime compensation an employee is legally owed. 

The issue can be particularly important for Chicago-area sales teams. Sales employees may work from home or an office rather than regularly meeting with clients in the field, while earning a base salary plus variable commissions. Managers and supervisors may also expect employees to work mornings, evenings, weekends, holidays, or through lunch to meet sales quotas. If a non-exempt employee works 45, 50, or 60 hours in a workweek without receiving legally required overtime, the employee may have a claim for unpaid overtime. 

Another potential violation occurs when an employer pays overtime but fails to properly account for commissions or other qualifying compensation when calculating the overtime rate. Depending on the type of compensation and the circumstances, commissions, bonuses, and other payments may need to be included in the employee's regular rate before overtime is calculated. 

If you work in software sales, technology sales, or another sales position and believe you have not been properly paid for overtime or commissions, a Chicago overtime lawyer can review your compensation structure and determine whether you may be entitled to recover unpaid wages. 

Yes. As long as the company had constructive notice that you were working overtime, you may be able to use Salesforce, other CRM software, emails, texts, and other records to determine the overtime hours you worked and recover that time. Remember, the FLSA is clear that non-exempt employees must be paid for every hour worked and must receive overtime for every hour worked over 40 in a workweek. Commissions may also need to be included when calculating the overtime rate. 

Potentially, yes. If you’re a non-exempt employee who works more than 40 hours in a workweek and hasn’t been properly compensated at the required overtime rate, you may have a case. Whether you qualify for legal action depends on your role, compensation, and the industry in which you work. 

Contact us to see if you can pursue compensation through an unpaid overtime lawsuit. 

The money you can recover from an unpaid overtime lawsuit can be significant. The exact amount will depend on the unique factors of your case, such as how many unpaid hours you worked and which laws your employer violated. 

• In many cases, these are the types of damages and costs plaintiffs may be able to recover: 
• Economic Damages: These include back pay covering the compensation you should have received for your work;
• Liquidated Damages: Depending on the circumstances, employees may be entitled to additional damages for unpaid overtime; 
• Interest: Pre- and post-suit interest, where applicable; 
• Attorney’s Fees & Court Costs: The reasonable amount incurred in bringing a lawsuit. 

The most important things to know are your likelihood of success and how much you may be able to recover. A Chicago overtime attorney can help you calculate the potential value of your case. 

Contact Kaplan Law Firm, an employment law and civil rights firm that has proudly served clients in Illinois and beyond. Our firm represents clients in a wide range of employment and civil rights matters, including claims for overtime violations, breach of contract, discrimination, harassment, and whistleblower retaliation. 

We’ve recovered millions of dollars for our clients; received dozens of five-star reviews on Google and Avvo; and our attorneys have been featured in The New York Times, The Washington Post, Bloomberg, Fast Company, and on CNN. 

Reach out today for a free, confidential case review to see if we can help you recover the compensation you deserve. 

Tip pool violations occur when employers improperly distribute tips among employees, often including managers, supervisors, or other ineligible workers. This can significantly reduce the earnings of employees who rely on tips as part of their income. If you believe your employer is violating Illinois or federal tip pool laws, you may be entitled to recover lost wages. Kaplan Law Firm can help you assess whether your tip pool is being handled fairly and pursue compensation if necessary. 

Federal and Illinois law require that employees be paid at least the applicable minimum wage for all hours worked. If your employer is paying you below the minimum wage or failing to properly compensate you for all hours worked, you may have a claim for unpaid wages. Contact Kaplan Law Firm to review your pay records and explore options to recover the wages you are owed. 

Tips generally belong to the employee who earned them, and employers are prohibited from improperly withholding or taking employees’ tips. If you are not receiving your full tips, you may have a right to recover them along with potential damages. Kaplan Law can assist you in determining whether your employer is violating Illinois or federal tip laws and help you take action to recover your unpaid tips.