The Illinois employment law regarding overtime pay is one of the strictest in the nation. In fact, the rules regarding who is eligible for overtime pay in Illinois are more strict than the federal policy. A new bill making its way through the Illinios’ General Assembly aims to change that.
Senate Bill 3037, which is currently with the Senate Labor and Commerce Committee, is backed by Illinois Chamber of Commerce, and has been drafted after years of urging by Illinois businesses. Many businesses have complained that the current Illinois rules regarding overtime are antiquated and confusing, and make it more expensive to operate in Illinois. According to Senator Pamela Althoff, R-McHenry, the bill would bring the Illinois policy in line with current federal policy regarding overtime eligiblity. Currently, the state allows more white-collar employees to qualify for time-and-a-half pay once they’ve worked more than 40-hours in a week.
The federal rules were updated in 2004, under President George W. Bush. Under this update, employers were allowed to exempt administrative, executive, and professional employees who spent more than 50 percent of their time on their primary duties, as defined by their employers. Illinois kept to the stricter standards. At the time, the federal government also raised the compensation threshold salary for determining if administrative, executive, and professional employees could be exempt from overtime pay to $455 per week. Illinois agreed with this portion of the update, and raised its compensation threshold to match.
Because the laws regarding overtime eligibility are more strict at the state level than in the federal mandate, many Illinois businesses find the rules confusing.
If your business has been accused of an overtime pay violation, it is important that you have a qualified legal representative at your side. Contact the Miller Law Firm, P.C. today for a consultation on your case. We have years of experience navigating Illinois employment law, and look forward to helping defend you in your case.