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?

Related Topics:
1 Lawyer Answer

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.