In Illinois, employers must pay their employees no less than one and one-half times the regular rate of pay for hours worked in excess of 40 per week.
Illinois employers are not required to pay overtime to workers during any period (totaling no more than 10 hours in any workweek) that a worker is receiving remedial education that is: (1) provided to employees who lack a high school diploma or educational attainment at the eighth-grade level; (2) designed to provide reading and other basic skills at an eighth-grade level or below; and (3) does not include job-specific training.
Not covered by the overtime law are all employees exempt from minimum wage requirements, and: employers with fewer than four non-family employees; agricultural employees; government workers; salespersons in nonmanufacturing firms selling cars, trucks, farm implements, boats or aircraft, or mechanics thereof; executive, administrative or professional employees; commissioned employees as defined by the federal Fair Labor Standards Act; employees employed instead of other employees of the same employer pursuant to a work-time exchange agreement between the employees; and any employee of a not-for-profit educational or residential child care institution who meets certain requirements pertaining to duties, place of residence and compensation.
The Hospital Licensing Act prohibits mandated nurse overtime, except in an unforeseen emergent circumstance when the overtime is required as a last resort.
Illinois has enacted legislation overriding the U.S. Department of Labor federal regulation changes to job classifications exempt from overtime pay, which went into effect on August 23, 2004. The Illinois legislation keeps in place the job classifications prior to August 23, 2004.