Did you know that employers may be legally required to pay overtime compensation to employees even if they are paid on a salary basis? There are both federal and state statutes protecting an employee’s right to receive overtime compensation including, the Fair Labor Standards Act (“FLSA”) and the Illinois Minimum Wage Law (“IMWL”). Employers who violate the FLSA and/or the IMWL may become liable for not only the unpaid overtime compensation, but also for additional civil penalties, as well as all of the employee’s reasonable attorney’s fees. There are exemptions available for certain classifications of employees. However, there is a very technical analysis that must be conducted to determine whether those exemptions apply. If no exemptions apply, then overtime wages must be paid to employees who work over the threshold number of hours per week, even if they are paid on a salary basis. To determine whether your employees qualify for an exemption or are entitled to overtime compensation, call the Business Law Group today and speak to an attorney.
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