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Illinois Exempt Employees: What you need to know

Under Illinois law, employees must be paid 1 1/2 times their regular rate of pay for all hours worked in excess of 40 in a workweek (IL Comp. Stat. Ch. 820 Sec. 105/4a). Because this requirement is identical to that prescribed by the federal Fair Labor Standards Act, the net effect of the state law is to extend overtime protections to employees not covered by federal law (IL Comp. Stat. Ch. 820 Sec. 104(a)). Illinois does not require that overtime be paid for hours worked in excess of 8 per day or on weekends or holidays.
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Illinois exempts anyone employed in a bona fide executive, administrative, or professional capacity from overtime pay requirements. Illinois law adopts the old long test and short test from the federal regulations and the salary threshold of the federal regulations (IL Comp. Stat. Ch. 820 Sec. 105/4a). When choosing whether to apply state or federal law, employers must apply the law that is most beneficial to the employee.
Employees who are paid a salary of at least the federal salary threshold qualify for the executive exemption if they meet both of the following requirements:
1. The employee's primary duty consists of managing the enterprise in which the executive is employed or a customarily recognized department or subdivision of that enterprise; and
2. The employee customarily and regularly directs the work of two or more other employees.
Employees who are paid a salary of at least the federal salary threshold qualify for the administrative exemption if they meet both of the following requirements:
1. The employee's primary duty is office work or work that is not of a manual nature, and the work is directly related to management ...

>> Read more about Exempt Employees

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Illinois Exempt Employees Resources

Exempt Employees Products

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Claim Your Free Copy of Top 100 FLSA Overtime Q&As

We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave


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