Overtime Wages

Rockford Overtime Wage Lawyer

Comprehensive Overtime Legal Solutions in Illinois

At USA Employment Lawyers, we recognize the importance of fair compensation for the hardworking individuals contributing to the workforce. Overtime pay is crucial to ensuring employees are rewarded for their extra efforts. Understanding the overtime wage laws in Illinois is essential to protect employers and employees. As a leading legal resource, we specialize in providing comprehensive guidance on overtime laws in Illinois, particularly for individuals in Rockford seeking legal support regarding their overtime wages.


Call USA Employment Lawyers today at (800) 483-0998 or contact us online to schedule a meeting with our overtime wage attorney in Rockford, IL! 


What are the Overtime Wage Laws in Illinois?

Illinois adheres to the federal Fair Labor Standards Act (FLSA) while establishing state-specific regulations. According to these laws, non-exempt employees are entitled to overtime pay for hours worked beyond the standard 40-hour workweek. The standard overtime rate is 1.5 times the regular hourly rate.

Employers must calculate and compensate overtime accurately to avoid legal complications. Our team of experienced attorneys at USA Employment Lawyers is well-versed in federal and state overtime laws, ensuring our clients are informed and protected.

Miscalculations of Overtime for Sales Representatives

One area where overtime calculations can become intricate is in the case of sales representatives. The Illinois Wage Payment and Collection Act (IWPCA) addresses this by distinguishing between inside and outside sales staff.

Sales representatives are often paid an hourly rate plus a commission. They are often entitled to overtime pay of time-and-a-half wages for all hours worked more than 40 a week. Unfortunately, many salespeople are not paid proper overtime wages in commission-based industries.

The law requires companies to calculate overtime wages by adding ALL the money earned for the entire workweek, which means they must include most commissions or bonuses earned when calculating the hourly rate to determine proper overtime pay.

For example, If a salesperson or customer service representative gets paid a standard rate of $14/hour, works 50 hours a week, and earns an additional $200 in non-discretionary commissions or bonuses, their correct overtime wage should be calculated as follows: $14 x 50 hours = $700 + $200 = 900 divided by 50 hours = $18/hour regular hourly rate. Because overtime wages must be calculated at 1.5 times the employee's regular hourly rate, the employee’s proper overtime wage rate is $27/hour during this workweek. Many companies would incorrectly pay $21/hour ($14 x 1.5) for overtime because they fail to include non-discretionary bonuses and commissions to calculate the proper regular hourly rate and overtime wage rate.

Who is Not Entitled to Receive Overtime in Illinois?

While overtime pay is a standard expectation for non-exempt employees, specific categories of workers are exempt from these requirements under both federal and state laws. Understanding these exemptions is essential for employers to ensure compliance and for employees to know their rights.

Exemptions include:

  • Salaried executive employees who make at least $35,568 a year
  • Administrative employees who earn a salary of at least $35,568 a year
  • Professional employees who earn a salary of at least $35,568 a year
  • Salaried computer-based employees who earn at least $35,568 a year
  • Outside sales employees who regularly work outside of the employer’s place of business
  • Highly compensated employees who earn at least $107,432 a year

For each of these exemptions, additional requirements may apply. For example, to meet the executive employee exemption, the employee’s work duties must include management of some aspect of the business, and he or she must be in charge of at least two employees. Additionally, the exempt executive employee must be able to hire or fire employees and make recommendations for hiring and firing. An exempt professional employee, meanwhile, must be considered a “creative professional” or a “learned professional,” amongst other requirements.

If you do not fall under one of the accepted overtime exemption categories, your employer must pay you overtime any time you work more than 40 hours a week. If you believe your overtime rights have been violated, contact one of our Rockford, IL, lawyers today.

Our USA Employment Lawyers team assists employers and employees in understanding and navigating these exemptions, ensuring compliance with Illinois overtime laws.

Contact Our Rockford Overtime Wage Attorney Today

Navigating overtime laws in Illinois requires a thorough understanding of federal and state regulations. We pride ourselves at USA Employment Lawyers, providing expert legal counsel to employers and employees. Whether you seek guidance on correctly classifying employees, ensuring accurate overtime calculations, or understanding exemptions, our team is here to assist you. With our experience in employment law, we are committed to upholding the rights and fair treatment of individuals in the workforce. If you are in Rockford and seeking a reliable overtime wage lawyer, contact USA Employment Lawyers for dedicated legal support tailored to your needs.


Contact USA Employment Lawyers today to schedule a meeting with our overtime wage lawyer in Rockford, IL!


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