ILCS » Chapter 820 · Act 105
Illinois Compiled Statutes

820 ILCS 105/4a (2026)

(1) Except as otherwise provided in this Section, no employer shall employ any of his employees for a workweek of more than 40 hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than 1 1/2 times the regular rate at which he is employed

✓ current as of May 2026
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(820 ILCS 105/4a) (from Ch. 48, par. 1004a)
    Sec. 4a. (1) Except as otherwise provided in this Section, no employer shall employ any of his employees for a workweek of more than 40 hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than 1 1/2 times the regular rate at which he is employed.
    (2) The provisions of subsection (1) of this Section are not applicable to:
        A. Any salesman or mechanic primarily engaged in
    
selling or servicing automobiles, trucks or farm implements, if he is employed by a nonmanufacturing establishment primarily engaged in the business of selling such vehicles or implements to ultimate purchasers.
        B. Any salesman primarily engaged in selling
    
trailers, boats, or aircraft, if he is employed by a nonmanufacturing establishment primarily engaged in the business of selling trailers, boats, or aircraft to ultimate purchasers.
        C. Any employer of agricultural labor, with respect
    
to such agricultural employment.
        D. Any employee of a governmental body excluded from
    
the definition of "employee" under paragraph (e)(2)(C) of Section 3 of the Federal Fair Labor Standards Act of 1938.
        E. Any employee employed in a bona fide executive,
    
administrative or professional capacity, including any radio or television announcer, news editor, or chief engineer, as defined by or covered by the Federal Fair Labor Standards Act of 1938 and the rules adopted under that Act, as both exist on March 30, 2003, but compensated at the amount of salary specified in subsections (a) and (b) of Section 541.600 of Title 29 of the Code of Federal Regulations as proposed in the Federal Register on March 31, 2003 or a greater amount of salary as may be adopted by the United States Department of Labor. For bona fide executive, administrative, and professional employees of not-for-profit corporations, the Director may, by regulation, adopt a weekly wage rate standard lower than that provided for executive, administrative, and professional employees covered under the Fair Labor Standards Act of 1938, as now or hereafter amended.
        F. Any commissioned employee as described in
    
paragraph (i) of Section 7 of the Federal Fair Labor Standards Act of 1938 and rules and regulations promulgated thereunder, as now or hereafter amended.
        G. Any employment of an employee in the stead of
    
another employee of the same employer pursuant to a worktime exchange agreement between employees.
        H. Any employee of a not-for-profit educational or
    
residential child care institution who (a) on a daily basis is directly involved in educating or caring for children who (1) are orphans, foster children, abused, neglected or abandoned children, or are otherwise homeless children and (2) reside in residential facilities of the institution and (b) is compensated at an annual rate of not less than $13,000 or, if the employee resides in such facilities and receives without cost board and lodging from such institution, not less than $10,000.
        I. Any employee employed as a crew member of any
    
uninspected towing vessel, as defined by Section 2101(40) of Title 46 of the United States Code, operating in any navigable waters in or along the boundaries of the State of Illinois.
        J. Any employee who is a member of a bargaining unit
    
recognized by the Illinois Labor Relations Board and whose union has contractually agreed to an alternate shift schedule as allowed by subsection (b) of Section 7 of the Fair Labor Standards Act of 1938.
    (3) Any employer may employ any employee for a period or periods of not more than 10 hours in the aggregate in any workweek in excess of the maximum hours specified in subsection (1) of this Section without paying the compensation for overtime employment prescribed in subsection (1) if during that period or periods the employee is receiving remedial education that:
        (a) is provided to employees who lack a high school
    
diploma or educational attainment at the eighth grade level;
        (b) is designed to provide reading and other basic
    
skills at an eighth grade level or below; and
        (c) does not include job specific training.
    (4) A governmental body is not in violation of subsection (1) if the governmental body provides compensatory time pursuant to paragraph (o) of Section 7 of the Federal Fair Labor Standards Act of 1938, as now or hereafter amended, or is engaged in fire protection or law enforcement activities and meets the requirements of paragraph (k) of Section 7 or paragraph (b)(20) of Section 13 of the Federal Fair Labor Standards Act of 1938, as now or hereafter amended.
(Source: P.A. 99-17, eff. 1-1-16.)

    
Notes of Decisions
Cited in 85 cases (41 in the last 5 years), 1993–2026 · leading case: Urnikis-Negro v. Am. Fam. Prop. Servs., 616 F.3d 665 (7th Cir. 2010).
Sort: Relevance Newest Treatment
Urnikis-Negro v. Am. Fam. Prop. Servs., 616 F.3d 665 (7th Cir. 2010). · cites it 2× “202 ; 820 ILCS 105/4a(2)(E). In view of the evidence presented at trial, the district court found that AFPS had failed to prove that it employed Urnikis-Negro in a bona fide administrative capacity.”
Parks v. Speedy Title & Appraisal Review Servs., 318 F. Supp. 3d 1053 (E.D. Ill. 2018). · cites it 2× “("FLSA"), the Illinois Minimum Wage Law, 820 ILCS 105/4a ("IMWL"), the Equal Pay Act, 29 U.”
Resurrection Home Health Servs. v. Shannon, 2013 IL App (1st) 111605 (Ill. App. Ct. 2013). · cites it 6× “” 820 ILCS 105/4a (West 2004). ¶ 23 The Illinois General Assembly opted not to define the circumstances under which an employee is exempt from the overtime requirements of the Wage Law; instead, it has chosen to defer to decisions by Congress and the United States Department of…”
Ralph Condo v. Sysco Corp., 1 F.3d 599 (7th Cir. 1993). · cites it 2× “§ 207 (a)(1) (1988), and its equivalent under Illinois law, 820 ILCS 105/4a(l) (1993). The district court entered summary judgment in favor of Sysco, and we affirm.”
Kerbes v. Raceway Assocs., LLC, 961 N.E.2d 865 (Ill. App. Ct. 2011). · cites it 3× “Specifically, while plaintiff indicates that his claim is based upon an overtime provision contained in section 4a of the Minimum Wage Law (820 ILCS 105/4a (West 2010)), he also repeatedly cites to provisions of the Wage Payment Act and case law interpreting that act.”
Kerbes v. Raceway Assocs., 2011 IL App (1st) 110318 (Ill. App. Ct. 2011). · cites it 3× “Specifically, while plaintiff indicates that his claim is based upon an overtime provision contained in section 4a of the Minimum Wage Law (820 ILCS 105/4a (West 2010)), he also repeatedly cites to provisions of the Wage Payment Act and case law interpreting that act.”
Kostecki v. Dominick's Finer Foods, Inc., 836 N.E.2d 837 (Ill. App. Ct. 2005). · cites it 2× “” 820 ILCS 105/4a (West 2002). The Wage Payment Act generally provides that, in the absence of a “valid collective bargaining agreement which provides for a different date or for different arrangements for the payment of wages,” wages earned by an employee must be paid in the…”
Strait v. Belcan Eng'g Grp., Inc., 911 F. Supp. 2d 709 (N.D. Ill. 2012). · cites it 2× “For largely the same reasons that Plaintiffs’ FLSA claim does not warrant collective treatment, therefore, the Court also declines to certify Plaintiffs’ IMWL claim under Rule 23.”
Terry J. Kennedy v. Commonwealth Edison Co., 410 F.3d 365 (7th Cir. 2005). “See 820 ILCS 105/4a(2)(E) (making a violation of the IMWL contingent on establishing a violation under the FLSA).”
Brown v. DS Servs. of Am., Inc., 246 F. Supp. 3d 1206 (N.D. Ill. 2017). “See 820 ILCS 105/4a; see Urnikis-Negro v. American Family Property Services, 616 F.”
Mercado v. S&C Elec. Co., 2025 IL 129526 (Ill. 2025). “¶8 The plaintiffs alleged, on behalf of themselves and members of a putative class, that S&C violated section 4a(1) of the Wage Law (820 ILCS 105/4a(1) (West 2020)) by failing to include the performance bonuses in their regular rate of pay for purposes of calculating overtime…”
Mercado v. S&C Elec. Co., 2023 IL App (1st) 220020 (Ill. App. Ct. 2023). · cites it 2× “See 820 ILCS 105/4a(1) (West 2020) (overtime pay must be calculated “at a rate not less than 1½ times the regular rate at which [the worker] is employed”).”
Show all 85 citing cases →
— 820 ILCS 105/4a(1) — 34 cases
Parks v. Speedy Title & Appraisal Review Servs., 318 F. Supp. 3d 1053 (E.D. Ill. 2018). “("FLSA"), the Illinois Minimum Wage Law, 820 ILCS 105/4a ("IMWL"), the Equal Pay Act, 29 U.”
Mercado v. S&C Elec. Co., 2025 IL 129526 (Ill. 2025). “¶8 The plaintiffs alleged, on behalf of themselves and members of a putative class, that S&C violated section 4a(1) of the Wage Law (820 ILCS 105/4a(1) (West 2020)) by failing to include the performance bonuses in their regular rate of pay for purposes of calculating overtime…”
Mercado v. S&C Elec. Co., 2023 IL App (1st) 220020 (Ill. App. Ct. 2023). “See 820 ILCS 105/4a(1) (West 2020) (overtime pay must be calculated “at a rate not less than 1½ times the regular rate at which [the worker] is employed”).”
Farmers Auto. Ins. Ass'n v. St. Paul Mercury Ins. Co., 482 F.3d 976 (7th Cir. 2007).
Kerbes v. Raceway Assocs., LLC, 961 N.E.2d 865 (Ill. App. Ct. 2011). “Specifically, while plaintiff indicates that his claim is based upon an overtime provision contained in section 4a of the Minimum Wage Law (820 ILCS 105/4a (West 2010)), he also repeatedly cites to provisions of the Wage Payment Act and case law interpreting that act.”
— 820 ILCS 105/4a(2) — 5 cases
Kerbes v. Raceway Assocs., LLC, 961 N.E.2d 865 (Ill. App. Ct. 2011). “Specifically, while plaintiff indicates that his claim is based upon an overtime provision contained in section 4a of the Minimum Wage Law (820 ILCS 105/4a (West 2010)), he also repeatedly cites to provisions of the Wage Payment Act and case law interpreting that act.”
Kerbes v. Raceway Assocs., 2011 IL App (1st) 110318 (Ill. App. Ct. 2011). “Specifically, while plaintiff indicates that his claim is based upon an overtime provision contained in section 4a of the Minimum Wage Law (820 ILCS 105/4a (West 2010)), he also repeatedly cites to provisions of the Wage Payment Act and case law interpreting that act.”
Hanson v. Milton Twp., 177 F. Supp. 3d 1096 (N.D. Ill. 2016).
Dietrich v. C. H. Robinson Worldwide, Inc. (N.D. Ill. 2021).
Burgess v. Lessie Bates Davis Neighborhood House Inc (C.D. Ill. 2024).
— 820 ILCS 105/4a(2)(D) — 1 case
Lisa Johnson v. Amazon.com Servs. LLC (7th Cir. 2025).
— 820 ILCS 105/4a(2)(E) — 24 cases
Urnikis-Negro v. Am. Fam. Prop. Servs., 616 F.3d 665 (7th Cir. 2010). “202 ; 820 ILCS 105/4a(2)(E). In view of the evidence presented at trial, the district court found that AFPS had failed to prove that it employed Urnikis-Negro in a bona fide administrative capacity.”
Strait v. Belcan Eng'g Grp., Inc., 911 F. Supp. 2d 709 (N.D. Ill. 2012). “For largely the same reasons that Plaintiffs’ FLSA claim does not warrant collective treatment, therefore, the Court also declines to certify Plaintiffs’ IMWL claim under Rule 23.”
Terry J. Kennedy v. Commonwealth Edison Co., 410 F.3d 365 (7th Cir. 2005). “See 820 ILCS 105/4a(2)(E) (making a violation of the IMWL contingent on establishing a violation under the FLSA).”
Resurrection Home Health Servs. v. Shannon, 2013 IL App (1st) 111605 (Ill. App. Ct. 2013). “” 820 ILCS 105/4a (West 2004). ¶ 23 The Illinois General Assembly opted not to define the circumstances under which an employee is exempt from the overtime requirements of the Wage Law; instead, it has chosen to defer to decisions by Congress and the United States Department of…”
Ottaviano v. Home Depot, Inc., USA, 701 F. Supp. 2d 1005 (N.D. Ill. 2010).
— 820 ILCS 105/4a(2)(F) — 3 cases
Alvarado v. Corp. Cleaning Serv., Inc., 719 F. Supp. 2d 935 (N.D. Ill. 2010).
Dyal v. Pirtano Constr., Inc. (N.D. Ill. 2018).
Noe v. Smart Mortg. Centers, Inc. (N.D. Ill. 2024).
— 820 ILCS 105/4a(2)(H) — 1 case
Soucek v. Breath of Life Prof'l Servs., NFP, 2021 IL App (1st) 180937 (Ill. App. Ct. 2021).
— 820 ILCS 105/4a(2)(H)(1) — 1 case
Soucek v. Breath of Life Prof'l Servs., NFP, 2021 IL App (1st) 180937 (Ill. App. Ct. 2021).
— 820 ILCS 105/4a(4) — 1 case
Michael Smith, on behalf of himself & on behalf of all others similarly situated v. Thomas J. Dart, Sheriff of Cook Cnty., & Count of Cook, Illinois, a unit of local Gov't as Jt. Emp. & indemnitor (N.D. Ill. 2025).
— 820 ILCS 105/4a(l) — 10 cases
Ralph Condo v. Sysco Corp., 1 F.3d 599 (7th Cir. 1993). “§ 207 (a)(1) (1988), and its equivalent under Illinois law, 820 ILCS 105/4a(l) (1993). The district court entered summary judgment in favor of Sysco, and we affirm.”
Urnikis-Negro v. Am. Fam. Prop. Servs., 616 F.3d 665 (7th Cir. 2010). “202 ; 820 ILCS 105/4a(2)(E). In view of the evidence presented at trial, the district court found that AFPS had failed to prove that it employed Urnikis-Negro in a bona fide administrative capacity.”
Gelb v. Air Con Refrigeration & Heating, Inc., 826 N.E.2d 391 (Ill. App. Ct. 2005).
Behrens v. Harrah's Illinois Corp., 852 N.E.2d 553 (Ill. App. Ct. 2006).
Mitchell v. JCG Indus., 929 F. Supp. 2d 827 (N.D. Ill. 2013).
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