Do bonuses and commissions count toward my "regular rate" for overtime?

Yes, most non-discretionary bonuses (production bonuses, attendance bonuses, commissions) must be included when calculating your regular rate for overtime purposes. Only truly discretionary bonuses (a surprise holiday gift from the employer) can be excluded. This often means your overtime rate is higher than 1.5× your stated hourly rate — a gap that generates most unpaid-overtime lawsuits.

Can my employer offer comp time instead of overtime pay?

Not in private-sector employment. Comp time (paid time off in lieu of overtime pay) is only lawful for state and local government employees under FLSA §207(o). If you work for a private company and your employer insists on comp time for hours over 40, that's a wage violation — the cash overtime is owed regardless.

Does on-call time count as hours worked?

Depends on the restrictions. If you must stay at the workplace or cannot effectively use the time for your own purposes (answering calls frequently, responding within 10 minutes), it counts as hours worked. If you're free to live normally but reachable by phone, it usually doesn't. Border cases (tight response windows, geographic restrictions) regularly produce DOL findings for the employee.

How far back can I recover unpaid overtime?

Two years from the date you file, extended to three years if the violation was "willful" — meaning the employer knew or showed reckless disregard for the law. Most courts find willfulness when employers misclassified workers after a prior DOL warning or where the pay structure was deliberately designed to avoid overtime. Liquidated (double) damages are also available in most cases.

When does the law regarding overtime pay apply?

You're entitled to overtime if all three of these are true:You worked more than 40 hours in a single workweek (your employer's defined seven-day stretch).You're classified as "non-exempt" — and remember, your employer doesn't get to decide that unilaterally.Your employer is covered by the FLSA. Most are: either the business does $500,000+ in annual sales and touches interstate commerce (enterprise coverage), or you personally handle goods, calls, or work that crosses state lines (individual coverage, which catches almost any modern job).The exemption test has two parts — your employer has to clear both.Salary test: You earn at least $684/week ($35,568/year).Duties test: Your primary duties have to actually fit one of these five buckets:Executive — you run a department or unit and direct at least two full-time employees.Administrative — your work is office or non-manual, tied to running the business, and you exercise real independent judgment on significant matters.Professional — the job requires advanced knowledge in a field of science or learning (doctors, lawyers, engineers, accountants).Computer employee — systems analyst, programmer, or software engineer earning at least $684/week (or $27.63/hr).Outside sales — you regularly make sales or take orders away from the employer's place of business.Three myths your employer might lean on:"Salaried employees don't get overtime." Wrong — salary alone proves nothing. Both tests have to be met."HR says you're exempt." Misclassification is one of the most common wage violations the DOL finds. The law decides, not the title on your offer letter."You signed a contract waiving overtime." That waiver isn't worth the paper it's printed on. You cannot legally sign away FLSA rights.

Illinois Overtime Law (2026) - FLSA & One Day Rest in Seven

Q: What should I do if my employer doesn't pay overtime?

Cases get won on records, not memory. Start there.Step 1: Keep your own time log. Note when you start, when you stop, and every break. A notebook, a phone app, even photos of the time clock — anything contemporaneous beats your boss's word in front of a DOL investigator.Step 2: Check the math on your pay stubs. Pull every week you cracked 40 hours. The overtime hours have to be paid at 1.5× your regular rate, and the "regular rate" includes most non-discretionary bonuses and commissions — which is why a lot of overtime claims are even bigger than people first think.Step 3: Put it in writing. A short email to HR or your manager asking them to correct the underpayment is enough. Save the response (or the silence).Step 4: File the complaint. The DOL Wage and Hour Division takes complaints at 1-866-487-9243 or online at dol.gov. You can also call an employment attorney — most take overtime cases on contingency, so there's no money up front.

Q: What are the common mistakes to avoid regarding overtime pay?

Don't work off the clock. If your boss tells you to clock out but finish the task, that's textbook wage theft. Make a quick note of when it happened and what you were asked to do.Don't take "you're exempt" at face value. Run the salary and duties tests yourself. If anything's off, you may be owed years of back pay.Don't sit on it. The FLSA gives you 2 years from each paycheck (3 if the violation was willful). Wait too long and the earliest weeks fall off the back end of your claim.Don't quit before you file. You can file while you're still on the payroll, and retaliation for filing a wage complaint is itself illegal under FLSA §15(a)(3).

Researched by Ahmed R. J. Alsaedi, Founder & Head Researcher

Primary sources cited; not legal advice.

Source: Fair Labor Standards Act (FLSA), 29 U.S.C. § 207 — Enacted 1938, enforced by the U.S. Department of Labor.

About this article

Sourced from primary statutes (U.S. Code, CFR, state compiled statutes) and official government agency guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards

My employer isn't paying me overtime in Illinois?See the focused guide →

Illinois Law

Primary statute: 820 ILCS 105/4a

How Illinois differs from federal law

1. The Rule: Illinois OvertimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. Law in 2026

Illinois overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. law (820 ILCS 105/4a) requires 1.5× pay for all hours worked over 40 in a workweek. There is no daily overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. trigger — Illinois follows the FLSA weekly model. The key Illinois advantages over pure federal law are: (1) the higher $15.00/hr minimum wage base on which overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. is calculated, (2) the 5% per month compound damages under IWPCA for underpaid overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules., (3) personal liability for officers and agents who permit violations, and (4) the One Day Rest in Seven Act which limits consecutive-day scheduling.

2. Who It Covers

820 ILCS 105/4a covers all non-exempt employees working in Illinois. The exemption structure follows the FLSA (executive, administrative, professional), but Illinois has no higher state salary threshold — the federal $684/week ($35,568/year) applies for exemption purposes.

Illinois workers misclassified as independent contractors have a particularly strong avenue through the Illinois Employee Classification Act (820 ILCS 185) in construction and through economic realities analysis in other industries. Personal liability of corporate officers under IWPCA § 13 means that recovery is often possible even from businesses with few assets.

3. The Key Difference from Federal Law: The One Day Rest in Seven Act

Illinois has a unique scheduling protection with no federal equivalent: the One Day Rest in Seven Act (ODRISA, 820 ILCS 140) requires that every employee covered by the law receive at least 24 consecutive hours of rest in every calendar week. This is not overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. per se — it doesn't change the 40-hour threshold — but it prevents employers from scheduling workers for 7 consecutive days indefinitely and creates a floor of one guaranteed day off per week.

Effective January 1, 2023, amendments to ODRISA also require:

A 20-minute unpaid or paid meal break for every shift exceeding 7.5 hours
Additional 20-minute meal breaks for shifts exceeding 12 hours
Employees must receive meal and rest breaks as provided

The minimum 20-minute rest period for shifts over 7.5 hours and additional break for shifts over 12 hours is now enforceable through IDOL. Violations carry penalties.

A second Illinois-specific provision: the 5% per month compound statutory damages under IWPCA § 14(a) for unpaid overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules.. This is the most aggressive damages accrual of any state in this study. An employer who fails to pay $2,000 in overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. owes approximately $2,680 more in statutory damages after 12 months — on top of the unpaid wages themselves. The correct rate is 5% compound (updated 2023), not the 2% figure still cited in many older sources.

4. Exemptions and How They're Applied

Executive, administrative, professional: Federal FLSA tests apply. Salary threshold: $684/week ($35,568/year) — same as federal. Illinois has not enacted a higher state salary threshold.
Computer employees: Follow federal FLSA exemption — $684/week minimum or $27.63/hr.
Outside salesperson: Must spend more than half of working time away from employer's premises making sales. Strictly construed.
Construction misclassification: Under the Illinois Employee Classification Act (820 ILCS 185), workers performing construction services are presumed employees unless the business can prove: (A) the worker is free from direction and control in performing services, (B) the services are performed outside the usual course of the business, AND (C) the worker is customarily engaged in an independently established trade. Failure to meet all three = employee status, overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. entitlement, and exposure to fines of $1,000–$5,000 per misclassified employee per day.

5. How to Calculate Your OvertimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. Pay

Establish your regular rate of pay. For Illinois workers, the minimum regular rate is $15.00/hr — even if you're paid exactly minimum wage. For workers earning above minimum wage, regular rate = total straight-time compensation (including non-discretionary bonuses) ÷ total hours worked. Non-discretionary bonuses tied to production, attendance, or shift premiums must be included in the regular rate calculation.
Count all compensable hours. Illinois follows FLSA standards for what counts as "hours worked." Pre-shift setup, post-shift cleanup, mandatory meetings, and required training all count. Travel between worksites counts. Commute time generally does not.
Apply the 40-hour threshold. Hours 1–40 = straight time. Hours over 40 = 1.5×. There is no daily trigger.
Example: You work 47 hours in a week at $16/hr, plus a $100 non-discretionary production bonus. Regular rate = (47 × $16 + $100) ÷ 47 = $18.13/hr. You're owed 1.5× $18.13 = $27.19/hr for hours 41–47 (7 overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. hours). Your employer owes you $27.19 × 7 = $190.35 in overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules.. If they paid you only $16 × 7 = $112 for those 7 hours, the shortfall is $78.35 per week — times 5% monthly compound damages, growing fast.

6. How to Enforce Your Right — Step by Step

Compute the shortfall across every underpaid week. Go back 3 years for IMWL claims (10 years if your employment agreement is written and the IWPCA written contract SOL applies). Apply 5% monthly compound to each underpaid week from the date the wages were due.
Choose your path: IDOL OR private lawsuit. IWPCA § 14(a) creates an election of remedies — you may file with IDOL or file a civil action, not both. IDOL is free; a private lawsuit unlocks attorney's fees, larger strategic leverage, and the written-contract 10-year SOL.
IDOL complaint: File at labor.illinois.gov (call (312) 793-2800). IDOL investigates, contacts the employer, and can order payment of back wages + 5% monthly damages. IDOL proceedings can take 6–18 months.
Private civil action: File in Illinois circuit court under IMWL (820 ILCS 105/12) and/or IWPCA (820 ILCS 115/14). Claim: unpaid overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. + 5% per month + attorney's fees. Illinois circuit courts are generally efficient for wage cases under $50,000. Many employment attorneys take IWPCA cases on contingency or hybrid fee structures.
Federal FLSA claim in parallel: A federal FLSA claim does not preclude an Illinois state claim — they are separate theories of recovery. FLSA provides 2-year SOL (3 years willful) and FLSA liquidated damages (2× back wages under 29 U.S.C. § 216). Filing both maximizes recovery options, particularly when the state SOL is longer but the federal liquidated damages structure is richer.

7. Penalties and Damages

Back overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. wages: The unpaid 0.5× differential for every overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. hour.
5% per month compound damages (IWPCA § 14(a)): On $3,000 in unpaid overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules., 5% per month compound = $1,979 additional in 12 months. This is not a small addition — it is the primary leverage in Illinois wage litigation.
Attorney's fees: Mandatory for prevailing employees in IMWL/IWPCA private actions.
Personal liability of officers/agents (IWPCA § 13): Any corporate officer who knowingly permits the violation is personally the employer — no veil-piercing needed. This is an unusually powerful provision rarely seen in other states.
Criminal misdemeanor exposure (§ 14(a-5)): Willful nonpayment is a Class B misdemeanor — up to 6 months + $1,500 per offense. Escalates for repeat violations.
Statute of limitationsThe deadline for filing a lawsuit after the event that caused the harm. It varies by claim type and state — for example, 2 years for personal injury in many states, 6 years for most written contracts.: 3 years for IMWL (820 ILCS 105/12); 5 years oral IWPCA contracts; 10 years written IWPCA contracts. The 10-year written contract SOL is the longest wage claim recovery window in this study for workers with written employment agreements.

8. Employer Tricks to Watch For

Using the 2% IWPCA rate to minimize settlementA written agreement that ends a legal dispute before (or sometimes during) trial, usually in exchange for money or a specific action. Roughly 95% of US civil cases end in settlement rather than a verdict. offers: The current rate is 5% compound per month (updated April 2023). Any settlementA written agreement that ends a legal dispute before (or sometimes during) trial, usually in exchange for money or a specific action. Roughly 95% of US civil cases end in settlement rather than a verdict. calculation using 2% is incorrect and underpays the employee. Verify the applicable regulation before accepting a settlementA written agreement that ends a legal dispute before (or sometimes during) trial, usually in exchange for money or a specific action. Roughly 95% of US civil cases end in settlement rather than a verdict..
Construction worker misclassification: Illinois' Employee Classification Act (820 ILCS 185) imposes daily fines of $1,000–$5,000 per misclassified worker in construction. This creates strong deterrence — but only if the worker (or IDOL) pursues the claim.
Excluding bonuses from the regular rate: Non-discretionary bonuses — earned for production, attendance, or meeting metrics — must be included in the regular rate. Employers who pay weekly bonuses but compute overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. only on base hourly pay are systematically underpaying overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules..
Scheduling 7 consecutive days: ODRISA violations (failure to provide one day off in seven) carry their own penalty — $500 per violation, up to $1,000 for repeat violations, plus the employee's actual damages. Scheduling software-generated 7-day weeks are a documented source of ODRISA violations.
Applying federal exemption thresholds: Some employers believe the $35,568/year federal threshold determines overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. exemption in Illinois. For overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. exemptions it does (Illinois hasn't enacted a higher threshold) — but this also means that workers earning more than federal threshold but less than typical management salaries may have their Illinois minimum wage claim confused. The state minimum wage calculation for overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. base still uses $15/hr.

9. Special Industries

Chicago: Workers in Chicago are entitled to the One Fair Wage minimum ($16.20/hr large employers) as the overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. base, which increases the regular rate and, consequently, the overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. premium compared to workers using the state $15/hr base.
Construction: Illinois Employee Classification Act creates heightened misclassification exposure. IDOL proactively investigates construction site payroll practices. Personal liability for controlling persons (owners, supervisors) is a significant enforcement tool.
Day and temporary labor: Illinois Day and Temporary Labor Services Act (820 ILCS 175) requires written pay notices for day laborers and mandates equal pay for equal work compared to direct hires after 90 days of assignment at the same client. Temp agencies that fail to match direct-hire rates after 90 days are violating state law.

10. Resources and Where to File

Illinois Department of Labor (IDOL): labor.illinois.gov — call (312) 793-2800
Chicago BACP (Chicago ordinance enforcement): chicago.gov/bacp
Federal DOL WHD: dol.gov/agencies/whd/contact/complaints
Raise the Floor Alliance (Chicago): raisetheflooralliance.org
Illinois Legal Aid Online: illinoislegalaid.org

Additional Steps in Illinois

File with IDOL at labor.illinois.gov (call (312) 793-2800) — OR file a private civil action (election of remedies; not both). 5% per month compound damages on unpaid overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. (NOT the old 2%). Officer/agent personal liability (IWPCA § 13) — no veil-piercing needed. 10-year SOL for written employment contracts. Federal FLSA claim can run in parallel (separate theory of recovery).

Relevant Law: 820 ILCS 105/4a (Illinois overtime requirement); 820 ILCS 115/14(a) (5% per month compound damages — updated 2023); 820 ILCS 115/13 (officer/agent personal liability); 820 ILCS 140 (One Day Rest in Seven Act — 24-hr weekly rest + meal breaks); 820 ILCS 185 (Employee Classification Act — construction ABC test)

Federal baseline: Overtime Pay nationwide

What is this right?

The rule is older than your grandparents and it hasn't changed: work more than 40 hours in a single workweek and your employer owes you at least 1.5 times your regular rate for every hour past 40. That's the Fair Labor Standards Act, on the books since 1938.

It covers most hourly workers automatically. If you're salaried but earn less than $684 a week ($35,568 a year), you're owed overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. no matter what your job title says. Above that salary line, your employer can call you "exempt" — but only if your actual day-to-day duties fit one of the narrow categories the DOL spells out (executive, administrative, professional, computer, or outside sales). The label isn't enough; the duties have to match.

One thing worth knowing: the DOL tried to raise the salary threshold to $58,656 in 2024, which would have pulled millions of mid-level salaried workers back into overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. eligibility. A federal judge in Texas vacated the rule in November 2024, so the line is still $35,568 going into 2026.

When does it apply?

You're entitled to overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. if all three of these are true:

You worked more than 40 hours in a single workweek (your employer's defined seven-day stretch).
You're classified as "non-exempt" — and remember, your employer doesn't get to decide that unilaterally.
Your employer is covered by the FLSA. Most are: either the business does $500,000+ in annual sales and touches interstate commerce (enterprise coverage), or you personally handle goods, calls, or work that crosses state lines (individual coverage, which catches almost any modern job).

The exemption test has two parts — your employer has to clear both.

Salary test: You earn at least $684/week ($35,568/year).
Duties test: Your primary duties have to actually fit one of these five buckets:
- Executive — you run a department or unit and direct at least two full-time employees.
- Administrative — your work is office or non-manual, tied to running the business, and you exercise real independent judgment on significant matters.
- Professional — the job requires advanced knowledge in a field of science or learning (doctors, lawyers, engineers, accountants).
- Computer employee — systems analyst, programmer, or software engineer earning at least $684/week (or $27.63/hr).
- Outside sales — you regularly make sales or take orders away from the employer's place of business.

Three myths your employer might lean on:

"Salaried employees don't get overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules.." Wrong — salary alone proves nothing. Both tests have to be met.
"HR says you're exempt." Misclassification is one of the most common wage violations the DOL finds. The law decides, not the title on your offer letter.
"You signed a contract waiving overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules.." That waiver isn't worth the paper it's printed on. You cannot legally sign away FLSA rights.

What to Do If Your Employer Doesn't Pay Overtime

Cases get won on records, not memory. Start there.

Step 1: Keep your own time log. Note when you start, when you stop, and every break. A notebook, a phone app, even photos of the time clock — anything contemporaneous beats your boss's word in front of a DOL investigator.

Step 2: Check the math on your pay stubs. Pull every week you cracked 40 hours. The overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. hours have to be paid at 1.5× your regular rate, and the "regular rate" includes most non-discretionary bonuses and commissions — which is why a lot of overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. claims are even bigger than people first think.

Step 3: Put it in writing. A short email to HR or your manager asking them to correct the underpayment is enough. Save the response (or the silence).

Step 4: File the complaint. The DOL Wage and Hour Division takes complaints at 1-866-487-9243 or online at dol.gov. You can also call an employment attorney — most take overtimeUnder the federal Fair Labor Standards Act, non-exempt employees must be paid at least 1.5× their regular hourly rate for hours worked beyond 40 in a workweek. State laws can require more generous overtime rules. cases on contingency, so there's no money up front.

What should you NOT do?

Don't work off the clock. If your boss tells you to clock out but finish the task, that's textbook wage theftWhen an employer fails to pay the wages legally owed — including unpaid overtime, off-the-clock work, kept tips, or below-minimum-wage pay. It is illegal under federal and state wage-and-hour laws.. Make a quick note of when it happened and what you were asked to do.

Don't take "you're exempt" at face value. Run the salary and duties tests yourself. If anything's off, you may be owed years of back pay.

Don't sit on it. The FLSA gives you 2 years from each paycheck (3 if the violation was willful). Wait too long and the earliest weeks fall off the back end of your claim.

Don't quit before you file. You can file while you're still on the payroll, and retaliation for filing a wage complaint is itself illegal under FLSA §15(a)(3).

Illinois requires 1.5× overtime after 40 hours/week, and the One Day Rest in Seven Act guarantees at least 24 consecutive hours off every calendar week.

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Common Questions

When am I entitled to overtime pay?

Under the federal Fair Labor Standards Act, non-exempt employees must be paid 1.5 times their regular rate for hours worked beyond 40 in a workweek. Some states add daily overtime — California, for example, pays overtime after 8 hours in a single day.

Does overtime apply daily or only weekly?

Federal law uses a 40-hour weekly threshold. A handful of states also require daily overtime — for example, time-and-a-half after 8 hours and double-time after 12 hours in a day in California. Your state's section above notes any daily-overtime rule that applies.

Am I exempt from overtime?

Exemption depends on your actual job duties and salary level, not your job title alone. Many salaried workers are still owed overtime. If you're unsure, your state's section above and the federal duties tests can help you check whether you qualify.

What can I recover for unpaid overtime?

You can generally claim the unpaid overtime wages, and many states add liquidated damages plus attorney's fees. Filing deadlines are commonly two to four years. Keep your own record of the hours you worked as evidence — see your state's section for specifics.

Overtime Pay in other states

Same topic, different jurisdiction. Pick the one that applies to you.

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Every reference below links to its primary source — the statute book, regulator, or court — and carries a verification date. See our citation methodology for how this works.

Illinois

Federal

StatuteFair Labor Standards Act § 7 (overtime)
Establishes the 1.5× regular rate requirement for hours worked over 40 in a workweek.
Regulation29 C.F.R. Part 541 (white-collar exemptions)
DOL regulations defining the executive, administrative, professional, computer, and outside-sales exemption tests; salary threshold remains $684/week after the 2024 rule was vacated.
StatuteFLSA § 16(b) (private right of action, liquidated damages)
Authorizes employee suits for unpaid overtime plus an equal amount in liquidated damages and attorney's fees.
Agency guidanceDOL Wage and Hour Division — Overtime Pay
Department of Labor's official overtime guidance and complaint-filing portal.