Work Labor Law For Overtime In Chicago
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The minimum salary required for the exemptions from overtime under federal law was set to increase from $844 per week to $1,128 per week on January 1, 2025.
On February 28, 2025, the US Department of Labor (DOL) appealed a December 2024 Texas federal trial court's decision that blocked a Biden-era overtime rule promulgated by the DOL.
The Illinois law that applies is called the “One Day Rest in Seven Act” (or, “ODRISA”). In addition to requiring one day off for every consecutive seven-day period, the Act also requires a minimum 20-minute meal break if you work at least 7.5 hours a day (which has to be given within the first 5 hours of the shift).
The Illinois overtime legislation mandates that overtime in Illinois is set at 1.5 times the regular hourly wage for workers who exceed 40 hours a week. Since the regular Illinois minimum wage is $14.00 per hour, Illinois' overtime minimum wage is $21.00 per hour (one and a half times the minimum wage).
All overtime is voluntary and may only be worked by agreement between employer and employee. Maximum permissible overtime is 3 hours on anyone day or 10 hours in any 1 week.
Working more than 8 hours in a day offers the same overtime rate as over 40 hours in a week. Even if the employee works less than 40 hours in the week, long days provide additional compensation. If the long day extends to more than 12 hours, the rate increases to double the employee's regular hourly rate.
Generally, no, there are no federal laws that limit how many hours you can work in a single day. (Though some state labor laws have maximum hour laws for minors.) The federal law that applies to all employees is the Fair Labor Standards Act, or FLSA. This law does not regulate how many hours you can work in a day.
The overtime minimum wage for non-tipped Employees is calculated at 1.5 times the minimum wage. The overtime wage for tipped Employees is calculated at 1.5 times the minimum wage, minus no more than the current maximum tip allowance.
Briefly explain the reason for the overtime request so they understand the context. Acknowledge that it may require flexibility on your part and express willingness to discuss scheduling. Close politely and offer to discuss further if needed. The tone should be respectful, appreciative, and flexible.
The standard salary level will increase to $1,128 per week beginning January 1, 2025. Employees who are exempt under the EAP exemption generally must receive the full standard salary level for any week in which the employee performs any work, regardless of how many days or hours they work.
