Having a job can be a rewarding experience, especially when employees are offered incentives such as overtime pay. Many individuals believe that overtime pay is an added bonus at certain jobs for working additional hours, however Illinois law states that employers are actually required to pay overtime. Understanding what’s considered overtime pay and how this is determined might seem confusing. At the Law Office of Mitchell A. Kline, we’re here to help Illinois employees understand when their employee is required to pay overtime and how our services can assist you if your overtime pay has been violated.Â
How Is Overtime Pay Calculated?
When an employee works overtime, they are working past their normal working hours. For example, if an employee typically works from 9-5 but works from 9-8 on any given day, the three additional hours would be considered overtime. Every state has their own laws regarding overtime pay, and Illinois has established rules to guide both employers and employees. In Illinois, employees must be paid overtime if they go beyond a 40-hour work week. This overtime pay can be very beneficial to employees and it’s essential that employers abide by overtime pay laws.
A non-exempt employee is one who’s entitled to a minimum wage and overtime pay. For non-exempt employees in Illinois, overtime pay is calculated for taking 1.5 times the amount the employee is paid hourly for any time worked over forty hours. This is also known as “time and a half.” For example, if an employee worked 45 hours in a given week and they’re paid 8 dollars an hour, the additional 5 hours would equate to 60 dollars. Some companies pay employees’ salary, which means they are entitled to a set amount of compensation, regardless of how many hours they worked in a given timeframe. In this case, overtime pay is calculated by taking the weekly salary and dividing it by 40. This will give you an estimated hourly rate, and this number can then be multiplied by 1.5 to get the overtime pay.Â
What Happens if an Employer Violates Overtime Pay?
If an employer refuses to abide by overtime laws in Illinois, employees have the right to request compensation for their financial loss. In certain cases, employees who take legal action against their employer may be entitled to more money than the combined total of unpaid overtime. For example, if an employee failed to pay $1,000 in overtime pay, an employee may be entitled to a value equal to this amount, for a total of $2,000. At the Law Office of Mitchell A. Kline, we can help employees understand overtime violations and how our services can help individuals receive the compensation they deserve. We’re here to help answer any questions you have about overtime pay and the rights that you have as an employee.Â
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If you’re ready to speak to someone about overtime pay in Illinois, contact our office today. We look forward to hearing from you soon.
