Is there a law in Illinois regarding what jobs can be salary or hourly?

I was offered a new position with my employer. I was told that I would be paid salary. Before I started my new position, my boss told me that I was not allowed to be paid salary because of Illinois law. Instead, to reach the same amount as what I was offered in salary, they used a 45 hour work week and divided the salary amount by 52 weeks, then divided that by 45 to get how much I am getting paid per hour. I don't receive overtime for the 5 hours past 40 hours. Can they do this?

1 answer  |  asked Jul 28, 2013 1:41 PM [EST]  |  applies to Illinois

Answers (1)

Neil Klingshirn

I am licensed in Ohio, but not Illinois, so I cannot speak to Illinois law. However the federal overtime law, the Fair Labor Standards Act (FLSA), applies to most employers in Illinois. If it does, you may have rights under the FLSA, as well as Illinois law.

The FLSA says that employees are entitled to overtime for any hours worked over 40 in a week, unless their job is exempt from overtime. The FLSA allows employers to exempt professional, executive and administrative jobs from overtime, but only if the employer pays the employee on a salaried basis. Payment on a salaried basis means that you get the same amount of money every week, even if you work fewer than 40 hours.

If your pay goes up and down each week with the number of hours that you work, then consider going to the US Department of Labor in Illinois and making an overtime complaint. You could also go to an experienced employment lawyer in Illinois, who could advise you as to any rights you may have under Illinois law as well.

posted by Neil Klingshirn  |  Jul 31, 2013 07:25 AM [EST]

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