Illinois Overtime & Regular Rate Calculator
Calculate 40-hour weekly overtime under Illinois law, blend nondiscretionary bonuses and commissions into the Regular Rate of Pay (RROP), and evaluate salaried nonexempt arrangements.
Illinois Overtime Law & Regular Rate Computation
Under the Illinois Minimum Wage Law (820 ILCS 105/4a), nonexempt employees are entitled to compensation for all hours worked in excess of 40 hours in a workweek at a rate not less than 1.5 times the regular rate of pay. Illinois does not require daily overtime after 8 hours (unlike California), nor does it allow averaging of hours across biweekly pay periods.
Salaried Nonexempt Employees: Fixed 40 Hours vs. All Hours
Fixed 40-Hour Salary (29 CFR § 778.113)
When a salary is understood to compensate exactly 40 hours per week, the base regular rate is calculated by dividing the salary by 40. Hours worked beyond 40 must be paid at full 1.5× the base regular rate.
Fluctuating Workweek (29 CFR § 778.114)
Applies only when there is a clear mutual agreement that salary covers all hours worked, and hours actually fluctuate above and below 40. Overtime hours are compensated at an additional half-time (0.5×) premium.
Statutory Wage Floor Protections
In all overtime calculations, the regular rate cannot be less than the governing minimum wage ($15.00 statewide, $17.05 in Chicago, and $15.40 in Cook County as of July 1, 2026). If an employer pays a nominal subminimum wage, the statutory floor is applied to both straight-time and overtime hours under 29 C.F.R. § 778.107.