Illinois Rescinds Overtime Pay Restrictions After Threat of Lawsuit

Illinois Rescinds Overtime Pay Restrictions After Threat of Lawsuit

CHICAGO — In a victory for home healthcare workers across the state, Illinois Governor Bruce Rauner recently rescinded restrictions on overtime wages for home healthcare workers caring for disabled individuals in the patient’s home.

The showdown comes to a close as advocates for home healthcare workers union in Illinois threatened to make good on their promise to file a class action lawsuit to challenge the legality of the law.

While the governor claimed the state’s policy saved taxpayers more than $5 million by placing a 40-hour work week restriction on state health care workers, the policy flies in the face of common decency by withholding the care sick and disabled people need to survive and live with dignity. The policy went into effect May 1 of 2016 and it did not take long for patient and worker advocates to fight back.

Under the governor’s administration, home health care workers who violated the directed would be issued warning letters and faced termination for multiple violations of the overtime cap. At one point, Illinois issued over 2,200 warning letters to home care workers. Three violations could result in letting the employee go, requiring the patient to find a new nurse due to bureaucratic policies.

Federal Overtime Pay Laws

Earlier this year, federal courts ruled Illinois 8,000 home health care workers were entitled to time and a half pay for the time they spend working over 40-hours during the week. Gov. Rauner claimed the measure would not only save the state money but also provide a break to workers spending so much time on the job.

Under the Fair Labor Standards Act, almost all hourly employees must be paid one and a half times their regular pay when their hours extend over the federal 40-hour overtime time threshold. While some employees may be overtime exempt, the vast majority of hourly employees are entitled to time and a half under federal wage laws and nurses and health care workers are no exception.

Illinois Overtime Pay Lawsuits

Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that you and and other employees believe that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.

Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.

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