labor lawAdivision of labor law center

Illinois overtime law has its own stipulations and exceptions, so it’s best if we cover it here. It’s, of course, especially important if you’re an employer or employee in the state. But it’s also interesting for us to look at it strictly to see how each and every state in the Union could have its own overtime laws if it wanted.

The Illinois law starts out like every basic overtime law. The main provision is that employees are generally entitled to overtime pay of 1.5 times their normal rate for all time spent working in a week over the 40 hour limit.

It gets a bit more unique when we start talking about holidays and Sundays. Under Illinois law, employers do not necessarily have to pay employee’s overtime, or special, compensation for working on a holiday or Sunday—unless of course, that time happens to put them over the 40 hour limit for the week. If the employer agreed beforehand though, to give special pay for Sundays and holidays, then the law says they should pay up.

Overtime rules in Illinois also have their own set of exempt professions that we should take a look at. These include any salesperson or mechanic who sells or services farm equipment, cars, or trucks at a dealership.

Any agricultural or government laborers are also excluded from overtime, and any professional, administrative, or executive employee as stated in the federal Fair Labor Standards Act isn’t included. There are two tests to determine if you fall into this category. First, you are a salaried employee, and second, your primary duties must meet the federal definition.

We shouldn’t forget certain employees at radio or TV stations at cities of populations less than 100,000, or employees of certain residential child care or education institutions. They are also exempt from overtime rules.

More detailed information regarding overtime and all labor laws can be found on the Illinois Complete Labor Law poster.

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