The following relates solely to Illinois law and is compiled from our conversations with various Illinois employment attorneys.
1. Check if your company pays overtime. Not all employers are required to pay overtime. Illinois employers who make about $500,000 or more in annual revenue generally have to pay. If your employer earns significantly less than $500,000 in revenue each year, you may not be entitled to overtime pay.
2. The same rules apply to all sizes of employers. Employers in IL must comply with overtime laws regardless of size. For example, if you own a business and are the only employee, you should receive overtime pay (as long as you are not exempt). The law is not affected by the size of the employer.
3. Understand “exempt.” Some employees are exempt and not covered by OT laws. If you are exempt, you will not receive extra pay when you work more than 40 hours per week.
4. Determine if you are exempt. In general, under Illinois law, highly qualified employees like executives, managers, and professionals like doctors, lawyers, and engineers are exempt from OT laws. If you are not sure, an Illinois employment lawyer can help you determine if you are exempt.
5. Being paid does NOT mean you are exempt. Receiving a salary does not automatically exempt you from overtime pay; the nature of your position determines whether you are entitled to overtime. Consult with an Illinois employment lawyer to determine if you should receive more money, whether you receive wages or hourly wages.
6. Check your overtime pay date. Payments must be made on the regularly scheduled payment date. Generally, an employer cannot withhold your pay until a later date.
7. Training time counts. Time spent attending training meetings, seminars, and conferences for your business is generally included in the OT calculation unless all of the following are true:
1) the training is voluntary, and
2) takes place outside normal business hours, and
3) is not directly related to your job, and
4) You do not perform any work for your employer during the training. Again, these tips are based on Illinois law.
8. It is illegal for your employer to ask you to waive your right to overtime. Your employer cannot ask you to waive this right. Even if you have agreed to sign a waiver, the agreement cannot be enforced unless 1) the waiver has been specifically approved by the Illinois Department of Labor, or 2) you were represented by an attorney when you made the agreement. If you accepted a waiver and none of these situations apply, an Illinois employment attorney can help you determine if you are entitled to back pay.
9. Collect your back pay for overtime. You can collect the back pay you earned in the last two years. If your employer intentionally broke the law (for example, by making you sign an illegal waiver of overtime rights), they can collect back pay from the past three years. An Illinois employment attorney can help you collect the pay owed to you.
10. Learn more about the law. If you think you may have a legal problem related to your OT payment, an Illinois employment lawyer can help you determine if he should bring a case against your employer. You should also read the Fair Labor Standards Act, which is a federal law. Most of the law applies in Illinois, although there are some differences regarding which employees are exempt.