Overtime and the law (Illinois)

[Jesus Harold Christ]

Are companies required to pay overtime if a person works over eight hours in a day?

[Sigene]

I'm not familiar with Illinois, but the situations I have been in is NO they don't. You get overtime for more than 40 hours a week NOT more than 8 hours a day.

Also if you are an "exempt" employee (google it) you don't get overtime pay at all; or only for unusual circumstances.

[Hello Again]

The Fair Labor Standards Act sets a floor for overtime requirements nationally. A State law could be more protective, but not less.

http://www.dol.gov/esa/whd/flsa/

[Really Not All That Bright]

No. Illinois calculates overtime based on the workweek, not the working day.

The Minimum Wage Law requires that an employee who works more than forty (40) hours in any workweek is entitled to one
and one-half times his/her regular rate of pay for those additional hours of work. The following are completely exempt from
the overtime provision of the law: any employee employed in a bona fide executive, administrative, or professional capacity or
any commissioned employee working in a retail or service establishment as described in section 7(i) and 13(a)(1) of the Fair
Labor Standards Act of 1938; any employer of agricultural labor; salespeople and mechanics in retail automotive, truck or
farm implement dealerships; retail salespeople in trailer, boat or aircraft dealerships; and any employment of employees in the
stead of another employee of the same employer pursuant to a worktime exchange agreement between employees.

[Philster]

California, I believe, works around OT as anything over 8 hours in a day. Put a big hurt in our ability to offer flex work schedules, such as 4X10hr days with Friday off.

Generally, working (not vaca/sick/personal time) anything over 40 hours in a week (designated pay period) is overtime @ 1.5x the normal pay.

[Simmerdown]

FWIW, I work in Chicago, and my company, for whatever reason, pays OT for anything over 8 hours in a day. Actually, if you show up and work for 3 hours, but leave for a doctor's appointment, they still pay you for 8 hours. My company is weird that way. How they're not weird is that I haven't gotten a raise in over 3 years.

[Markxxx]

I worked in H/R in Illinois, and Illinois has very few labour laws.

The two basic laws in Illinois are overtime is anything over 40 hours per week. The other basic rule is you must have at least one day off every 7 CALENDAR days. (this means Sunday through Saturday, they must schedule you one day off. But they could work you up to ten days in a row if they worked you OFF on Sun and Mon. Then you work the next five days Tue - Sat. Now it's the start of a new CALANDER week. Then they work you Sun - Thru and give you Fri and Sat off.)

This does not apply to certain profession, for instance in IL nurses are covered not per week but per TWO weeks. Salaried individuals are not subject to overtime and of course, union agreements override this law.

But if you work more than 40 hours in a work week (the employer defines what period is a work week. It could be Tue through Monday or any 7 days the employer wants) they MUST pay you overtime, they cannot substitute comp days. Even if you work the overtime without being authorized they MUST pay you overtime at a rate of 1.5. Of course if you work the overtime unauthorized the company can write you up or even fire you for disobeying their rules, but they have to pay you.

[Snnipe 70E]

Originally Posted by Philster

California, I believe, works around OT as anything over 8 hours in a day. Put a big hurt in our ability to offer flex work schedules, such as 4X10hr days with Friday off.

Generally, working (not vaca/sick/personal time) anything over 40 hours in a week (designated pay period) is overtime @ 1.5x the normal pay.

If you are non union it is anything over 8 per day. If your union has Negotiated 4X10 or 3X12 then it can be without OT pay.

[Cliffy]

Originally Posted by Philster

California, I believe, works around OT as anything over 8 hours in a day.

Last time I looked into the subject (several years ago), it was industry-by-industry as to whether OT kicked in after an 8-hr day or a 40-hr week in California.

--Cliffy

[ivylass]

At my company, you only get OT if you are eligible for it and WORK 40 hours in a week. That means if you work nine hours each for four days, then take the fifth day off as a vacation day, you don't get OT.

[Snnipe 70E]

Originally Posted by Cliffy

Last time I looked into the subject (several years ago), it was industry-by-industry as to whether OT kicked in after an 8-hr day or a 40-hr week in California.

--Cliffy

Gray Davis changed that back when he was the gov.