Illinois overtime pay law: 3 years to file

the short answer

Time and a half past 40 in a workweek, on the federal count. Illinois is worth bringing on the arithmetic alone: the state act trebles the underpayment and then adds five percent of it again for every month it stays unpaid.

source ↗Not yet checked against the statute.

governing statute29 U.S.C. § 207(a)(1)source ↗Not yet checked against the statute.

plain englishPast 40 hours in a workweek you are owed one and a half times your regular rate. The federal rule counts by the week and not by the day, so an eleven-hour Monday is not overtime if the week stops at 40, and two weeks may not be averaged together. Nothing in it requires extra pay for nights, weekends or holidays.source ↗Not yet checked against the statute.

penaltyThe unpaid overtime, and an additional equal amount again as liquidated damages. The court must also allow a reasonable attorney's fee and the costs of the action (29 U.S.C. § 216(b)).source ↗Not yet checked against the statute.

limit2 yearssource ↗Not yet checked against the statute.

alsoTwo years to sue, or three if the violation was willful (29 U.S.C. § 255(a)). The clock runs paycheck by paycheck, so every week you wait drops a week off the back of the claim.source ↗Not yet checked against the statute.

Which overtime law applies in Illinois?

governing statute

820 ILCS 105/4a

source ↗Not yet checked against the statute.

What can you recover for unpaid overtime in Illinois?

penalty

Treble the amount of the underpayment, together with costs and reasonable attorney's fees, plus damages of 5% of the underpayment for each month it remains unpaid (820 ILCS 105/12(a)).

source ↗Not yet checked against the statute.

How long do you have to claim unpaid overtime in Illinois?

limit

3 years

source ↗Not yet checked against the statute.

Where do you report unpaid overtime in Illinois?

free route

The Fair Labor Standards Division of the Department of Labor takes the complaint, and it is the division that enforces both the Minimum Wage Law — which is where the overtime rule and the treble damages above live — and the Wage Payment and Collection Act.

source ↗Not yet checked against the statute.

How much can you sue for in Illinois small claims court?

small claims limit

$10,000

source ↗Not yet checked against the statute.

your situation

That is the rule. Whether it is your answer is a different question.

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Can I sue for unpaid overtime in Illinois?

Which overtime law applies in Illinois?

What can you recover for unpaid overtime in Illinois?

How long do you have to claim unpaid overtime in Illinois?

Where do you report unpaid overtime in Illinois?

How much can you sue for in Illinois small claims court?

That is the rule. Whether it is your answer is a different question.