Illinois Overtime Laws

Zach Anderson
Zach Anderson

I am a lawyer and partner at BRE Law. My practice is focused on representing individuals throughout Central Illinois who suffer physical, mental, and financial injuries.

Workers late at an office building
Your employer may be incorrectly labeling you as "exempt" from overtime.

Under the Federal Labor Standards Act (FLSA) and corresponding Illinois overtime laws, most employees are entitled to be paid overtime if they work more than 40 hours in a week or over 8 hours per day. Overtime is generally 1.5 times the normal pay rate. However, if an employee falls under an exemption, the employee is not entitled to overtime. In other words, unless an employee fits within an enumerated exemption, that employee is entitled to overtime.

Common exemptions found in the FLSA and Illinois overtime laws include (1) the Executive Exemption; (2) the Administrative Exemption; (3) the Professional Exemption; (4) the Computer Employee Exemption; (5) the Outside Sales Exemption; and (6) the Highly Compensated Employees Exemption.

Whether an employee satisfies one of these exemptions is typically a very precise determination. If you believe you should be paid overtime but your employee is classifying you as “exempt,” you should seek out the advice of a lawyer familiar with the FLSA and Illinois overtime laws to see whether your employer might wrongly classifying you. If you are wrongly classified, you may be entitled to substantial financial compensation.