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Illinois Overtime Pay Law

Filed under Managing the Workplace. Fact checked on May 25, 2012.

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Employers in Illinois must conform with these state rules regarding overtime pay for employees.

In Illinois, employers must pay their employees at least one and one-half times the regular rate of pay for hours worked in excess of 40 per week.

Exemptions From the General Overtime Provision

Not covered by the overtime law are:

  • employees exempt from minimum wage requirements
  • employers with fewer than four non-family employees
  • agricultural employees
  • salespersons in nonmanufacturing firms selling cars, trucks, farm implements, boats or aircraft, or mechanics;
  • executive, administrative or professional employees
  • commissioned employees as defined by the federal Fair Labor Standards Act (FSLA)
  • employees employed instead of other employees of the same employer pursuant to a work-time exchange agreement between the employees
  • employees of a not-for-profit educational or residential child care institution who meet certain requirements pertaining to duties, place of residence and compensation
  • employees employed as crew members of any uninspected towing vessel operating in any navigable waters in or along boundaries of the state
  • certain employers and employees with collective bargaining agreements

Workers in remedial education programs. Illinois employers are not required to pay overtime to workers during any period (totaling no more than 10 hours in any workweek) that a worker is receiving remedial education that is:

  • provided to employees who lack a high school diploma or educational attainment at the eighth-grade level;
  • designed to provide reading and other basic skills at an eighth-grade level or below; and
  • does not include job-specific training.

Mandated nurse overtime. The Hospital Licensing Act prohibits mandated nurse overtime, except in an unforeseen emergent circumstance when the overtime is required as a last resort.

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