Share Your Experience

five star review
Lombard Office
Chicago South Loop

Are You Following the Proper Overtime Pay Guidelines?

Posted on in Pay Laws

overtime pay guidelines in illinois, Arlington Heights business lawyersIn the realm of business law defense, pay laws are a hot topic. Whether you operate an Illinois business, or are an employee and want to make sure you are following state law procedures for overtime hours, it is important to familiarize yourself with the basics to ensure your practices are legal, fair, and that they are in line with your best interests.


First, let us take a look at exemptions. Certain workers and organizations are free from tax obligations or liability. In the case of overtime hours, Illinois laws consider the following employees to be exempt from being paid overtime:

  • Specific educational or residential child care institution employees.
  • Certain radio or television employees who reside in cities with populations less than 100,000 people.
  • Car salesmen who either sell or service vehicles.
  • Employees involved with agricultural labor.
  • Any employees the Fair Labor Standards Act define as executive, administrative, or professional. (These employees are salaried and their primary duties must also be exempt according to state law.)
  • Employees involved with a workplace exchange agreement.
  • Any employee commissioned, as defined by the Fair Labor Standards Act [Section 7(i)].

When Pay is Due

Employees are entitled to overtime pay at time-and-a-half of their regular pay rate if they work anything over 40 hours during a one week period. Employers need to be clear with their employees regarding their definition of a workweek, and employees should inquire about this to ensure there is no misunderstanding as to when and how much they are to be paid.

Overtime Requirements and Compensation

It is against the law in the private sector to "compensate" employees for overtime with time off in place of actual monetary wages. It is lawful, however, to require an employee to work overtime, as long as they are paid the proper rate for any additional hours they work. Also, if you require an employee to work overtime, it must not violate the One Day Rest in Seven Act. This means the employee must have a minimum of 24 hours of rest each calendar week unless they voluntarily choose to work straight through the period.

Overtime pay laws exist to protect the rights and well-being of everyone involved in the workplace. If you have questions or need guidance regarding any kind of pay law, contact an experienced Arlington Heights business law attorney who can assist you with your case. Call A. Traub & Associates at 847-749-4182 today for a consultation.


Illinois State Bar Association DuPage County Bar Association Northwest Suburban Bar Association American Inns of Court DuPage Association of Woman Lawyers National Association of Woman Business Owners Illinois Association Criminal Defense Lawyers DuPage County Criminal Defense Lawyers Association
Back to Top