You may benefit from a visit to your local Illinois Department of Labor in order to determine if your hours qualify and to make sure that you are not an exempt employee.
A helpful link appears below:
The information provided here should not be construed to be formal legal advice. The provision of this general advice does not create a lawyer-client relationship. Persons with legal questions are encouraged to seek independent counsel for advice regarding their individual legal issues.
I agree. Either contact the Wage and Hour Division of the Department of Labor, or an employment law attorney.
By the very nature of Avvo, you have only provided limited facts and no documentation, therefore, our response to your question is treated only as a hypothetical, and as such it is merely general in nature. You should not rely on this response in taking or forgoing action in your circumstances without discussing this matter with an attorney. If we had the opportunity to ask you sufficient questions and review relevant documents so that we were satisfied we had all of the relevant facts and circumstances, our response might differ significantly. Without the opportunity to ask you questions, and review all relevant documents and memoranda, we are simply unable to provide any form of legal advice. Our response to your question does not create any attorney-client relationship between us, and we are not acting as your attorney. We reserve the right to decline representation in any case. By answering your question, we are under no obligation to answer further questions. There are very specific deadlines for filing a lawsuit, replying to a lawsuit filed against you, or taking other action in order to preserve your legal rights. You should contact an attorney immediately in order to be fully advised of your rights, and so that you are aware of those deadlines. If you fail to act within the required time frame, you might be forever barred from asserting your rights or defending your position. The attorney answering this question is licensed in Illinois and Iowa only.
Federal law requires most employees to be paid overtime for all hour over 40 in a work week. In other words, you could work 35 hours in one week and 45 in the subsequent week (for a total of 80 in a single pay period) and be entitled to 5 hours of overtime. Were you working for the full 80 hours, or were you on call part of that time but not working? On call time (i.e. waiting to be called but not actually working) would likely not count as hours worked. You should consult in person with an employment lawyer to get a careful evaluation. Good luck.
My answers to questions posted on AVVO are intended to provide general information only, and are not intended to be legal advice. Employment law issues typically require a careful case-by-case analysis. Consequently, if you feel that you need legal advice, I would encourage you to consult in person with an employment attorney in your area.