Because a salaried employee typically works a fluctuating schedule for the same amount of pay each period, he won't always receive the same mandatory overtime pay as a worker who is compensated by the hour, nor is he guaranteed minimum wage. However, in Illinois, salaried workers are entitled to most of the other rights enjoyed by hourly workers.
Overtime Pay and Minimum Wage
Most salaried workers are exempt from overtime pay and minimum wage requirements under the Fair Labor Standards Act. However, some salaried employees may still qualify to receive pay for overtime if they don't pass the tests for exemption. To be exempt from overtime pay requirements, the employee must receive a stable salary each pay period regardless of the number of hours worked, he must earn at least $455 per week and he must work in an administrative, executive, computer-related, professional or sales position. In Illinois, salaried employees who are not exempt from overtime laws must earn at least 1.5 times their regular hourly rate for every hour worked that exceeds 40 hours in one week.
One Day Rest in Seven
Under the One Day Rest in Seven Act, Illinois workers on salary or hourly pay are entitled to a minimum of 24 hours off work during each seven-day period. Employees also must receive at least one meal period for every 7.5 hours they work. The meal period must last for at least 20 minutes, and the employer must grant it within the first five hours of the qualifying shift.
School Visitation Rights
Under the School Visitation Rights Act, parents who are employed as salaried or hourly workers in Illinois have the right to a minimum of eight hours of time off each school year to attend necessary school conferences, such as meetings to discuss a child's behavior or educational progress. However, the law does not require Illinois employers to pay the employee for this time.
If an employer violates an employee's rights, he may be subject to fines and penalties. If the violation results in a loss of wages or other compensation for the employee, the employee can file a lawsuit against the employer to recover the lost compensation. Employees who believe they are entitled to compensation they didn't receive can file a wage payment claim with the Illinois Department of Labor.
- United States Department of Labor: Employment Law Guide
- Illinois Department of Labor: One Day Rest in Seven Act (ODRISA)
- Illinois Department of Labor: School Visitation Rights Act
- Illinois Department of Labor: Illinois Wage Payment and Collection Act
- Illinois Department of Labor: Industrial Homework Law
- Illinois General Assembly: Illinois Compiled Statutes
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