Work Law Pay With Overtime In Illinois
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FAQ
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).
Illinois and federal wage and hour regulations do not set limits on the number of hours employees are permitted to work in a day or week. With few exceptions, the state requires employers to give workers at least 24 hours off in each calendar week.
Similarly, employees can generally refuse to work overtime, except in specific situations. However, there are exceptions to this general rule. Some employment contracts in the Collinsville, IL area or collective bargaining agreements may include clauses that require employees to work overtime under certain conditions.
Damages equal to 5% of the underpayment, per month (calculated from the date of the underpayment) for each month during which wages or final compensation remain unpaid.
Based on a federal court ruling November 15, 2024, the salary threshold to be overtime-exempt is now $35,568/yr ($684/week), reversing an increase implemented by the Department of Labor on July 1, 2024.
The minimum salary required for the EAP exemptions from overtime under federal law was set to increase from $844 per week to $1,128 per week on January 1, 2025.
The law allows employers to classify those employees earning over $455 per week as salaried workers. In this case, overtime regulations don't apply. For that reason, employers attempt to misclassify employees making below that threshold as salaried and avoid paying overtime rates in this way.