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What is the IL state employment law regarding overtime pay
Mchenry, IL
Viewed 714 times.
Posted about 1 year ago in Employment / Labor
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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 Answers (1)Charles Shinkle Watson
This attorney is licensed in Illinois.
Posted about 1 year ago.
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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.
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