What is considered overtime Illinois?

Just like the FLSA, the Illinois overtime law requires that non-exempt employees receive overtime pay equal to 1.5 x their regular hourly pay for any hours worked over 40 in a week (overtime). Under the Illinois law any employer that has one or more gainfully employed employees is covered under the law.

Are 1099 employees eligible for overtime pay?

Generally, under the Fair Labor Standards Act, everyone who works over forty (40) hours in a week is entitled to overtime pay. Simply referring to a worker as a contractor, or 1099 worker, does not mean the employer does not have to pay that person overtime wages. This would mean they are entitled to overtime pay.

Are training hours included in overtime?

Simply put, any time considered “hours worked” by regulation under the federal Fair Labor Standards Act (FLSA) (29 C.F.R. Though this is fairly straightforward, employers often wonder if travel time, on-call time and training time are hours that need to be counted toward overtime.

Do contract employees get paid overtime?

Contract employees receive overtime because they are on the payroll of the W-2 employer of record. But, independent contractors are not included on the business’s payroll. Independent contractors, separate from contract employees, do not get paid overtime.

How much do you get paid for overtime in Illinois?

If you earn more then the Illinois minimum wage rate, you are entitled to at least 1.5 times your regular hourly wage for all overtime worked. You are entitled overtime pay of time and one half of your regular rate of pay if you worked over 40 hours in a workweek. This will be $12.38 per hour if you make minimum wage.

How much overtime do contract employees get paid?

As employees included on payroll, nonexempt contract employees receive overtime. Be sure to correctly classify employees to comply with DOL laws. They must receive the contractor overtime rate of 1.5 per hour worked past 40 in a workweek.

How is overtime paid under the Fair Labor Standards Act?

The Fair Labor Standards Act established rules on overtime pay to make sure employees are fairly compensated for additional work. According to the FLSA overtime rules, nonexempt employees who work over 40 hours in a workweek must be paid at a rate of 1.5 times their regular pay for each additional hour.

Do you have to pay overtime if you are an independent contractor?

Very often the answer is yes. Overtime pay is owed to employees who work over forty (40) hours in a workweek. Employers often try to get around this law by classifying workers as independent contractors or 1099 employees.

Are there new overtime rules for school employees?

Schools and the New Overtime Rules under the FLSA There has been a lot of buzz and media coverage about the new overtime rules. This guidance explains how the new overtime rules impact school districts, and which school employees fall under the new rules.