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Hello,My name is lala.I have a few questions about labor law.I work for bestwestern in illinois,I'm payed $7.75 per hr as a desk clerk.I work a lot of overtime to try to make up for my wages.The problem is,I dont get payed for overtime and the overtime hours that i work,I only get paid $7.50 per hour(cash)Any employee that goes over 80 hour per pay period has to work off the clock.The illinios min. wage is $7.75 per hr.

Submitted: 392 days and 6 hours ago.
Category: Employment Law
Value: $15
Status: AWAITING CUSTOMER ACTION
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parkforest, Illinois

Already Tried:
contacting the bbb.

Answer

You are entitled to pay at time and one half your regular rate of pay if you worked over 40 hours in a workweek. You will need to ask your employer for their definition of a workweek. 820 ILCS 105/4a (1) and 56 Ill. Adm. Code 210.400.

The following employees are exempt from overtime pay:

  • Salesmen and mechanics involved in selling or servicing cars, trucks or farm implements at dealerships,
  • agricultural labor,
  • government employees,
  • executive, administrative or professional employees as defined by the Fair Labor Standards Act,
  • certain employees involved in radio/television in a city with a population under 100,000,
  • commissioned employees defined by Section 7(i) of the Fair Labor Standards Act,
  • employees who exchange hours pursuant to a workplace exchange agreement,
  • employees of certain educational or residential child care institutions. 820 ILCS 105/4a (2).

Here are the complaint forms you need: http://www.state.il.us/agency/idol/forms/forms.htm

Is there anything else I can help you with? Did I answer you question? If not, please let me know how I cna help further? If so, PLEASE click accept, so I can receive credit. Thank you.


Edited by John on 11/4/2008 at 9:40 PM

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Expert: John
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Answered: 10/27/2008

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Trial Attorney, licensed in FL, GA, & AL. Rated 10 / 10 by avvo.

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