Is overtime pay a matter of policy or law?

In the Matter of At Will Employment,over-time pay and working longer than 6 days per week. Are this issues law or are they a matter policy, and if a company doesn't have any written policy in regards to any of the aforementioned, is it possible to try and claim money from the above. IN addition when asked to resign from a position that you feel you did an excellent job, is there any way to claim wrongful termination

1 answer  |  asked Mar 15, 2001 8:29 PM [EST]  |  applies to Illinois

Answers (1)

David L. Lee
Overtime is governed by law

Both your questions really depend on the facts and circumstances of your situation.

As to overtime, the law sets minimum requirements for overtime. (Of course, companies can always be more generous with overtime than the law requires.) Not everybody is entitled to overtime, however. To tell if you are entitled to overtime, a lawyer would need to know many factors. Not all factors apply in all situations, but the most common are what industry you work in, what your job duties are, roughly what percent of your time you spend on various job duties, how you are paid (hourly or salary), how many hours you worked per week (in some industries, how many hours you worked every two weeks), whether your employer can impose certain types of discipline, and whether your employer can dock your pay for certain things.

As to whether being asked to resign can be a wrongful termination, that also depends on many factors. A lawyer would really have to understand the whole situation to be able to answer that question for you.

Your two questions really deserve an in-depth, personal consultation.

David Lee (Chicago)

posted by David L. Lee  |  Feb 21, 2001 4:12 PM [EST]

Answer This Question

Sign In to Answer this Question

Related Questions with Answers

Have an Employment Law question?