- Workers’ Compensation
- Common Workplace Injuries
- Temporary Total Disability
- Workers’ Compensation FAQ’s
- Workers’ Compensation For Injured Airline Employees
- Workers’ Compensation For Injured Union Employees
- Workers’ Compensation For Injured Construction Employees
- Worker’s Compensation For Injured Factory Employees
- Firefighters, Paramedics, Police Officers And Certain Other Public Employees
- Chicago Transit Authority (CTA) And Workers Compensation
- Ford Motor Company And Illinois Workers’ Compensation
- American Medical Association Impairment Ratings: Only One Factor When Determining The Value Of Your Case
- What Is The Workers’ Compensation Act?
- Car Accidents
- Car Accident FAQ’s
- Broken Bone Or Fracture Injuries
- Neck And Back Injuries
- Traumatic Brain Injuries (TBI)
- Wrongful Death
- Femoral Neck
- Thoracic Lumbar
- Proximal Humerus
- Tibial Plateau
- Distal Radius
- Pulvic Ramus
- Back Strain (Lumbar Strain)
- Whiplash Injuries
- Spinal Cord Injuries
- Herniated Disk (Slipped, Ruptured Disks)
- Type Of Car Collisions
- Auto Accident Monetary Damages
- Third Party Cases
- Medical Malpractice
- Products Liability
- Dog Bite
- Slip & Fall
- Dram Shop
- Maritime Accidents (Jones Act)
- Pedestrian Accidents
- Nursing Home Neglect
- Motorcycle Accidents
- Truck Accidents
- Retaliatory Discharge
- Sexual Harassment
- Employment Discrimination
- Statutes Of Limitations
- Fair Labor Standards Act
- Family Medical Leave Act
- Social Security Disability
- Americans With Disabilities Act
Fair Labor Standards Act (FLSA)
What is the Fair Labor Standards Act?
In 1938 the U.S. Congress enacted the Fair Labor Standards Act (FLSA) which requires an employer to pay a non-exempt employee overtime pay if the employee works more than 40 hours per week. The rate of overtime pay is one and one-half times the employee’s regular rate of pay.
An Illinois employer may violate the FLSA in different ways.
In overtime cases an employer must prove that the employee is entitled to overtime pay. The employee does not have to prove that they would be entitled to overtime pay. An employee’s job duties and not their title will determine whether the employee is entitled to overtime pay.
Even if an exempt employee is required to perform the duties of a non-exempt position, the exempt employee would be entitled to overtime pay for the hours worked.
State laws can provide benefits that are in addition to the benefits provided under the FLSA. For example, some states require employees who are not covered by the FLSA to be paid overtime compensation. In addition, some states require that overtime be calculated at higher rates than the FLSA.Special rules apply to municipal employees who work at the federal and state levels of government. Firefighters and police officers fall into this category.