Can anyone direct me to the Illinois code referring to overtime (OT) compensation?

Is the required wage for OT in this state (Illinois) to be paid at time and one-half or can it be paid at regular-time?

Briefly here is the situation:

1. Practical Nurse; exempt?
2. 32k annually (approximately); Hourly
3. Pay Periods
a. Sept. 16-30 2006; 86.25 regular-time and pay, 0 hours paid as OT.*
b. Oct 1-15 2006; 87.75 regular-time and pay, 4 paid as OT.*
c. Nov. 1-15 2006; 93.75 regular-time andpay, 0 paid as OT.*

*Time and one-half.


Thanks,
Qwerty

Under Federal law, except in very rare circumstances which do not appear to apply here, overtime must be paid at the rate of time and a half.

I can't tell if anything is wrong since you are posting hours worked in a semi-monthly period and not by work week or (which could be the case for a nurse) on a 8/80 basis (bi-weekly).

For example, the pay period Nov 1 - 15 includes three separate work weeks. Just for fun, assume the work week is Monday - Sunday. Nov 1 - 5 had 40 hours (no work done earlier in the work week which was part of a different pay period), Nov 6 - 12 another 40 and that leaves 13.75 hours to be worked from Nov 13 - 15. A total of 93.75 hours in the pay period, but not one single hour of overtime.

So you will need to break down how many hours you put in during a work week (unless the 8/80 rule applies).

And, if you're paid hourly, you're probably nonexempt.

Do you work in a hospital or nursing home-type setting? I think to use the 8/80 rule, the pay frequency has to be biweekly, not semi-monthly.

Overtime must be paid after 40 hours of work per week at time and one-half the regular rate (if you are covered)

You asked for direction to the Illinois code governing overtime - a link to 820 ILCS 105/1 et seq. (http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2400&ChapAct=820%A0ILCS%A0105/&ChapterID=68&ChapterName=EMPLOYMENT&ActName=Minimum+Wage+Law%2E), and much more, can be found on the web site of the Illinois Department of Labor (http://www.state.il.us/agency/idol/laws/Law105.htm).

Yes, Scott you figured exactly what this gentleman has manipulated to avoid paying the OT rate (see below).

Patty, it is a Nursing home-TYPE setting.

Here is a breakdown of the schedule for the pay period.

1-off
2-8 hours
3-8
4-8 (last day of work week)
5-8 (first day)
6-8
7-off
8-off
9-8
10-off
11-8 (last day of work week)
12-8
13-8
14-8
15*-off
16-off
17-8
18-8 (last day of work week)


*The pay period is on the check as Nov 1-15 with 93.75 hours (0-OT).The overtime is accrued at a rate just under an hour per scheduled workday.

Pay checks are issued on the 1st day of every month and the 16th day of every month; without exception. Is this legal?

exactly what this gentleman has manipulated to avoid paying the OT rate (see below).

I don't see any manipulation here. This is legal and normal.

The schedule you showed has no overtime in any work week (although employers need to be careful to look back at the partial work week paid the last semi-monthly period!).

What hours did you work for those weeks? And please begin with the full work week that ran from Oct 29 - Nov 4. Even though some of those days were paid in another pay period, I just want to see how many hours you worked in that entire week.

Pay checks are issued on the 1st day of every month and the 16th day of every month; without exception. Is this legal?

Are you saying that the pay period that ended on November 15 was paid the very next day? That would be quite legal and extraordinary! My hat's off to the managers and the overworked, underpaid payroll staff!

But if you are saying that the period ending 11/15 won't be paid until December 1, that practice would violate Illinois law. That state requires payments for semi-monthly or bi-weekly payroll can be made no later than 13 days after the end of the pay period, not 16 days as would be the case here.