Legal Question in Employment Law in Illinois

if you are a salary employee can they force you to work as many hours as they want in a week


Asked on 10/28/11, 10:40 am

1 Answer from Attorneys

Betty Tsamis Tsamis Law Firm PC

The real question is not if you are on salary but if you are exempt or not exempt from overtime provisions. This will depend on how much you are paid AND on your job duties.

Here is a good resource on exemptions: http://www.dol.gov/whd/regs/compliance/fairpay/fs17a_overview.pdf

Additionally, in Illinois, if you are non-exempt the One Day Rest in Seven Act applies which

. . .allows for at least 24 hours of rest in every calendar week. A calendar week is defined as seven consecutive 24 hour periods starting at 12:01 a.m. Sunday morning and ending at midnight the following Saturday. Under this Act, employers may ask IDOL for a relaxation of this requirement. If IDOL grants a relaxation, it requires a statement from the employer demonstrating that all employees who will be working seven days in a row are in fact volunteers. For more information, click here. 820 ILCS 140/2 and 8 and 56 Ill. Adm. 220.200 - 220.700.

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Answered on 10/28/11, 10:58 am


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