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Work Law Pay With Overtime In Chicago
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Multi-State
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Chicago
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US-002HB
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FAQ
The Illinois law that applies is called the “One Day Rest in Seven Act” (or, “ODRISA”). In addition to requiring one day off for every consecutive seven-day period, the Act also requires a minimum 20-minute meal break if you work at least 7.5 hours a day (which has to be given within the first 5 hours of the shift).
No law for breaks. Only law is if you work 7.15 hours or more, 30 minutes must be allocated for break/lunch. Breaks are decided by company policy for those working less than 7.15 hours.
ODRISA requires employers to provide employees with at least 24 hours of rest in every “consecutive seven-day period.” It also requires meal periods of at least 20 minutes every 7.5 hours worked (and an additional 20-minute meal period for employees who work shifts of 12 hours or longer).
The Illinois overtime legislation mandates that overtime in Illinois is set at 1.5 times the regular hourly wage for workers who exceed 40 hours a week. Since the regular Illinois minimum wage is $14.00 per hour, Illinois' overtime minimum wage is $21.00 per hour (one and a half times the minimum wage).
The law allows employers to classify those employees earning over $455 per week as salaried workers. In this case, overtime regulations don't apply. For that reason, employers attempt to misclassify employees making below that threshold as salaried and avoid paying overtime rates in this way.
The law allows employers to classify those employees earning over $455 per week as salaried workers. In this case, overtime regulations don't apply. For that reason, employers attempt to misclassify employees making below that threshold as salaried and avoid paying overtime rates in this way.
There are a few professional ways to politely decline overtime work requests: Express your availability. Explain that you have prior commitments or personal obligations that prevent you from working overtime during that time period. Offer to help another time if possible. Suggest alternatives.
Some employers try to avoid paying overtime by moving their employee's hours between workweeks or averaging it between two workweeks. For example, some employers will try to avoid paying overtime to an employee who works 50 hours by only having them work 30 hours the following week.
Similarly, employees can generally refuse to work overtime, except in specific situations. However, there are exceptions to this general rule. Some employment contracts in the Collinsville, IL area or collective bargaining agreements may include clauses that require employees to work overtime under certain conditions.