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Have a Legal Question?
According to the law of Illinois and the Federal Fair Labor Standards Act (FLSA), non-exempt employees are to receive 1 ½ times their pay rate for any hours exceeding 40 hours in their normal week.
One Day Rest in Seven Act
As long as an employer does not violate the One Day Rest in Seven Act, they can require their employees to work as many hours over 40 hours as necessary. Double-time payment is not required by an employer requiring their non-exempt employees to exceed 40 hours per week; however, employers may, if they so choose, pay their employees double time for any hours exceeding 40 hours per week.
Salaried Employees May be Eligible for Overtime
Many employees have the misconception that the only way they are eligible for overtime is if they are hourly employees, but even if they are salaried, they could easily be eligible for overtime, and their hourly pay rate can be easily calculated to determine what they should be receiving in overtime pay. This is a misconception that some employers take advantage of, and if their misconduct is reported to Wage and Hour, their employees can collect damages for the overtime they have worked without being properly paid, and the employer may be subject to penalties in addition to back overtime payments.
Flawed Policies from Chicago Employers
In some cases, employers have company policies that are flawed and fail to adhere to the standards set by FLSA, and in some instances, employers have deliberately initiated policies to make it appear that their employees are considered exempt and ineligible for overtime pay.
Legal Help for Overtime Shortages
If you believe your employer has cheated you and other employees out of overtime pay, contact Goldman & Ehrlich today to discuss your legal options. We will fight for your rights to receive fair and just compensation.