What is the IL state employment law regarding overtime pay

Illinois OVERTIME law clarification for hourly employees: My husband works as a mechanic and is an hourly paid employee. He works for a marina and this is an extremely busy time of the year with winterizing and when he usually makes his winter financial "cushion" with all the overtime pay.
Just this week, however, his employer announced that no one will be paid for more than 40 hours per week. They stated that employees can "opt to work more than 40 hours per week" and they would offer to do one of the following to "compensate them":
1-bank the extra hours and in the future, pay them but at STRAIGHT/REGULAR HOURLY PAY
2-let them bank extra vacation hours but again at STRAIGHT/REGULAR HOURS and not 1.5 HOURS

Is this legal in Illinois? I thought "comping" overtime pay for non-government employees is illegal? And even if it's not, shouldn't they be required to compensate whether with pay or extra vacation hours at time and a half? - Is this your question? Add additional information
Answer this question Add to list

Answers (1)

Charles Shinkle Watson

Charles Shinkle Watson

Contributor Level 5
Yes, the practice you describe is illegal for a private employer. Unless another exemption applies, if the employer permits an employee to work more than 40 hours in a work week, the employee must be paid overtime.
0 0
Back to Search Results

Ask a Question

Get free answers from real lawyers.

Top Employment Contributors

1.
Archibald Johns Thomas III
Contributor Level 6
35 answers, 0 legal guides
2.
No photo
Contributor Level 6
28 answers, 0 legal guides
3.
Alan James Brinkmeier
Contributor Level 10
25 answers, 0 legal guides
View all Employment Lawyers on the Contribution Leaderboard