Illinois Overtime Calculator 2026

Frequently Asked Questions

• How is overtime calculated in Illinois?

  Non-exempt employees in Illinois earn 1.5× their regular hourly rate for all hours worked over 40 in a workweek. This matches the federal FLSA threshold. Illinois has no daily overtime requirement. Additionally, under ODRISA (820 ILCS 140), employees who work a 7th consecutive day (when an employer holds an IDOL permit) must be paid at the overtime rate for all hours on that day. Source: Illinois Department of Labor, as of 2026.

• What is the minimum overtime rate in Illinois in 2026?

  The Illinois statewide minimum wage is $15.00/hr (as of Jan 1, 2025), making the minimum overtime rate $22.50/hr (1.5 × $15.00). Chicago employers with 4+ employees must pay at least $16.60/hr, making Chicago's minimum overtime rate $24.90/hr. Source: labor.illinois.gov, as of 2026.

• What is the ODRISA 7th-day overtime rule in Illinois?

  The One Day Rest in Seven Act (ODRISA, 820 ILCS 140) requires employers to give employees at least 24 consecutive hours of rest in every 7-day period. If an employer obtains a special IDOL permit and the employee voluntarily agrees to work a 7th consecutive day, all hours on that day must be paid at the overtime rate (1.5×), even if total weekly hours are under 40. Source: labor.illinois.gov/laws-rules/fls/odrisa.html, as of 2026.

• Does Illinois have daily overtime like California?

  No. Illinois calculates overtime on a weekly basis only (hours over 40 per week). There is no daily overtime threshold in Illinois. California requires 1.5× after 8 hours per day and 2× after 12 hours per day. Illinois employers are only required to pay overtime for hours exceeding 40 in a workweek.

• Who qualifies for overtime in Illinois?

  All non-exempt employees qualify for overtime. Exempt employees include bona fide executive, administrative, and professional employees earning at least $684/week ($35,568/year), outside sales employees, and certain computer professionals. Highly compensated employees earning $107,432+ per year with minimal exempt duties may also qualify for exemption. Always verify specific exemptions with an employment attorney.

• Can an Illinois employer refuse to pay overtime?

  No. Overtime is legally required for non-exempt employees. Employers cannot waive or contract out of overtime obligations. An employee who is owed unpaid overtime may file a complaint with IDOL within 3 years, or bring a private lawsuit under FLSA within 2 years (3 years for willful violations). Damages include back pay, liquidated damages equal to the unpaid amount, and attorney's fees.

• What is the salary threshold for overtime exemption in Illinois in 2026?

  The federal salary-basis threshold of $684/week ($35,568/year) applies in Illinois as of 2026. A November 2024 federal court ruling vacated the DOL's proposed increase to $1,128/week, so the threshold remains at the pre-2024 level. Employees earning below $684/week cannot be classified as overtime-exempt regardless of job duties.

• Can Illinois employees be paid comp time instead of overtime?

  No, for private-sector employers. Only public-sector (government) employers may offer compensatory time off in lieu of overtime pay under FLSA §7(o). Private employers in Illinois must pay cash overtime at 1.5× for all qualifying hours. An agreement to accept comp time does not waive the right to overtime pay.

• How do I file an overtime complaint in Illinois?

  File a complaint with the Illinois Department of Labor at labor.illinois.gov or call (312) 793-2800. Wage complaints under the Illinois Minimum Wage Law must be filed within 3 years of the date wages were due. IDOL can recover unpaid overtime, impose a 5% monthly penalty on the employer, and pursue other remedies on your behalf.