What do you need to know about Illinois exempt employees?

Illinois Exempt Employees: What you need to know Under Illinois law, employees must be paid 1 1/ 2 times their regular rate of pay for all hours worked in excess of 40 in a workweek (IL Comp. Illinois exempts anyone employed in a bona fide executive, administrative, or professional capacity from overtime pay requirements.

Is the Illinois minimum wage exempt from the FLSA?

When determining whether an employee is exempt or non-exempt from receiving overtime, employers in Illinois need to review their employee’s classification against both the federal Fair Labor Standards Act (FLSA) and Illinois Minimum Wage Law. Pursuant to Public Act 094-0672.

Who is exempt from overtime requirements in Illinois?

Illinois exempts anyone employed in a bona fide executive, administrative, or professional capacity from overtime pay requirements. Illinois law adopts the old long test and short test from the federal regulations and the salary threshold of the federal regulations (IL Comp. Stat. Ch. 820 Sec. 105/4a).

What are the labor laws for salaried employees in Illinois?

Learn More →. Illinois labor laws regulate how salaried employees must be paid, whether they are entitled to overtime, hours they can work, and deductions that can be made from their paychecks. In addition, employers must adhere to state law when providing lunch breaks and time off from work.

How are employees exempt from overtime in Illinois?

Who are exempt from the new overtime rules?

For all other exempt employees, the district must pay at least the new salary threshold (as of December 1) or pay at least minimum wage plus overtime. School nurses (RNs): Exempt under the professional em- ployee exemption and must be paid a salary meeting the new threshold, or at least minimum wage plus overtime/ comp. time

Can a non exempt employee still get paid?

A: In short, this is a hybrid of our current exempt and non-exempt employment classifications. Academic Employees will continue to receive their regular monthly salary on the academic monthly pay cycle that does not fluctuate based on hours worked.

Are there laws against salaried employees in Illinois?

Salaried employees are sometimes exempt from state and federal laws regarding labor. Illinois follows federal standards when determining who is eligible for overtime, minimum wage, and other automatic employee benefits.

Who is exempt from overtime pay in Illinois?

Salary workers may be entitled to overtime pay in Illinois. Illinois law does not exempt people from this requirement based upon how they are paid but upon the type of job they hold. Professionals and executives are exempt from overtime pay. Illinois determines executive or professional status based on federal standards.

What is the minimum wage in Illinois?

The Illinois minimum wage as of July 1, 2020, is $10 per hour for non-tipped employees ages 18 and over, which is a fair bit higher than the federal minimum wage of $7.25 per hour. Minors (ages 18 and under) may be paid a minimum wage of $8.00 per hour.

What is an exempt employee in Illinois?

Illinois Exempt Employees: What you need to know Under Illinois law, employees must be paid 1 1/ 2 times their regular rate of pay for all hours worked in excess of 40 in a workweek (IL Comp. Stat. Illinois exempts anyone employed in a bona fide executive, administrative, or professional capacity from overtime pay requirements.

Do salaried employees get overtime pay in Illinois?

Any salaried employee who is not exempt from federal or Illinois law, may receive overtime pay. The rate of overtime pay for each hour over 40 hours, is calculated as time and a half of the employee’s regular rate of pay. Double pay is not required to be paid on weekends or holidays,…

How much does overtime pay in Illinois?

Illinois’ Overtime Minimum Wage. Overtime pay, also called “time and a half pay”, is one and a half times an employee’s normal hourly wage. Therefore, Illinois’ overtime minimum wage is $12.38 per hour, one and a half times the regular Illinois minimum wage of $8.25 per hour.

Is it illegal to pay nonexempt employees in Illinois?

Some employers give nonexempt employees paid time off to offset extra hours worked. In Illinois, this practice is illegal in the private sector. A salaried nonexempt employee in Illinois must receive actual overtime wages instead of compensatory time.

Can a person be classified as an exempt employee?

Some employers mistakenly believe that as long as the employee is paid a salary that meets the minimum requirement, the employee can be classified as exempt. However, to be classified as exempt, the employee must satisfy both the salary and the duties tests.

Are there any exemptions to the FLSA in Illinois?

Fair Labor Standards Act (FLSA) Exemptions When determining whether an employee is exempt or non-exempt from receiving overtime, employers in Illinois need to review their employee’s classification against both the federal Fair Labor Standards Act (FLSA) and Illinois Minimum Wage Law. Pursuant to Public Act 094-0672.

When do you have to pay an employee in Illinois?

The Illinois Wage Payment and Collection Act requires that, after separation from employment, employees must be paid all final compensation, including bonus payments, vacation pay, wages and commissions on their next regularly scheduled payday. 820 ILCS 115/5.