Griffith, IN asked in Employment Discrimination for Illinois

Q: Is there any Illinois law that states that support personnel (admins or exec. asst) must be hourly or non-exempt status?

Recently had a work from home policy go into effect but is only allowed for exempt employees. The claim by management is that admins and support personnel, must by law, be non-exempt and are therefore ineligible for the work at home program.

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1 Lawyer Answer
Cynthia Pietrucha
Cynthia Pietrucha
  • Employment Law Lawyer
  • Naperville, IL
  • Licensed in Illinois

A: From a legal perspective, "Work from home" policies are typically looked upon as completely discretionary by your employer. The only exceptions might be if you benefit from such arrangement because you have a disability and are in need of a reasonable accommodation.

Working from home has generally been reserved for "exempt" workers, since they are not entitled to overtime pay. On the other hand, "non-exempt" workers are eligible for overtime and therefore determining the amount of hours worked for a "non-exempt" employee is critical for properly recording time and paying the employee for actually time worked.

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