Overtime rules in Illinois
At the Illinois minimum wage of $15.00, five 10-hour days pay $825: 40 hours at straight time and 10 at $22.50. Illinois uses the federal 40-hour rule with no daily overtime, and a private employer cannot hand out comp time instead of paying it.
| A week in Illinois | Overtime hours | At the $15.00 minimum | At $20 an hour |
|---|---|---|---|
| Four 10-hour days, 40 hours | 0 | $600 | $800 |
| Five 9-hour days, 45 hours | 5 | $713 | $950 |
| Five 10-hour days, 50 hours | 10 | $825 | $1,100 |
| Five 11-hour days, 55 hours | 15 | $938 | $1,250 |
| Six 10-hour days, 60 hours | 20 | $1,050 | $1,400 |
Only the week counts
Time and a half starts with the 41st hour in the workweek, and your employer sets which seven days that is. A Sunday or a holiday earns nothing extra unless it takes the week past 40, but if your employer's policy promises time and a half or double time for those days, the state labor department says it has to pay it.
Comp time and required overtime
Time off later in place of overtime pay is not legal in the private sector. Your employer can require overtime, as long as the schedule does not break the One Day Rest in Seven Act.
Lower rates and tipped pay
Overtime is figured on whatever rate you are paid. An adult who earns no tips can be paid $14.50 for the first 90 days, so overtime is $21.75, and a worker under 18 with fewer than 650 hours in the year can be paid $13.00, or $19.50 for overtime. Tips can count for up to 40% of the wage, a cash wage of $9.00. Check whether your city sets a higher minimum.
Who is exempt
Executive, administrative and professional staff are exempt as federal law defines them, which means a salary of at least $684.00 a week and duties that fit. A salary alone is not enough. Illinois also exempts salespeople and mechanics at car, truck and farm equipment dealers, farm work, and some commissioned retail staff.
Where to take unpaid overtime
File an online wage claim with the Illinois Department of Labor, which needs an Illinois Public ID account first. Claims sent by email, post or fax take longer. File as soon as you can and keep your own record of hours.
Working out your own pay
Tipped overtime has its own arithmetic on the tipped employee overtime page. The exempt salary threshold page checks a salary against the floor, and overtime laws by state shows the six states that add anything to the hourly rule Illinois follows.