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Many employees are entitled to overtime yet they are ignorant of the fact. More often than not, employees believe that since they are paid a salary they are not entitled to overtime. This is misleading and not entirely true. The question is not whether you are a salaried employee, but whether the employee is "exempt". While being paid a salary is one of the requirements for being exempt from being paid overtime, it is far from the end of the inquiry. One of the more common misconceptions is that employees who work with computers or in the "IT" industry are exempt from being paid overtime, this is untrue as well. While certain computer employees are exempt, not all of them are.
How is an employee to know if they are entitled to overtime or not? The best way is to contact an attorney with experience in overtime laws. Overtime issues can be very complicated issues, but this also means that many employees are being denied overtime because the company does not fully understand the overtime laws. However the law places a large burden on businesses to know the law with penalties such as having to pay an employee double overtime wages wehn they are in non-compliance including back pay for previous years the employee was not paid.
Overtime laws come from both Federal and State laws. Some states put a limit on the number of hours an employee can work during a week, but not Illinois. An employee can file a lawsuit under both laws if each one offers a different benefit to the employee.
For Any workplace issues dealing with sexual harassment, discriminations, gender, hostile work environment, contract disputes and wrongful termination in Illinois.
Get assistance from a qualified attorney who specializes in employment law.
| Leon Greenberg | |
| Attorney at Law | |
| 633 South 4th street - Suite 9 | |
| 702.383.6369 | |
| Chicago, Illinois 89101 |
River North - Downtown Chicago (The Loop) - Lincoln Square - South