Chicago, IL asked in Employment Law for Illinois

Q: Can a salaried employee in Chicago be asked/required to work more than 40 hours a week and not be compensated?

Me and my coworker were just made salary. Ever since, we've been asked to work 6 days a week which is more than 40 hours a week with no additional pay beyond the 40 hours. Other than this to stay within 40 hours we are also being asked to work five and a half days a week which will leave us one and a half days off. Can they do this?

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1 Lawyer Answer
Rhiannon Herbert
Rhiannon Herbert

A: Under the Fair Labor Standards Act, employees who are paid a salary may be required to work more than 40 hours per week without additional pay, but there are rules regarding whether an employee can be classified as a salary employee in the first place. Whether your position meets these rules will depend on what your job duties are, whether your position requires advanced education or special training, and whether you have any managerial responsibilities.

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