The Illinois Labor Law Guide

Minimum wage is the lowest hourly pay rate that employers are legally obligated to pay employees. The federal minimum wage is a wage baseline, but different states, cities, and regions can adopt their own rates. 

As of 2024, the minimum wage is $14.00 per hour for most employees.

Cities that have higher minimum wage as of 2024:

• Chicago: $16.20

• Cook County: $14.05

• Evanston: $14.05

• Oak Park: $14.05

Starting January 1st, 2025, the minimum wage will be $15.00 for most employees, including Chicago, Cook County, and Evanston.

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Tipped minimum wage is the lowest hourly pay rate employers are legally obligated to pay employees who earn a significant portion of their income through tips. 

$11.02 per hour for most tipped employees in Chicago (as of 2024)

$8.40 per hour for most tipped employees in Cook County, Evanston, and Oak Park (as of 2024)

Most Illinois non-exempt employees receive overtime pay at 1.5 times their regular pay for all hours worked over 40 in a workweek.

Illinois law generally requires employers to permit nonexempt employees who work 7 1/2 or more continuous hours to take a meal period of at least 20 minutes. The meal period may be unpaid, and it must be given to an employee no later than 5 hours after beginning work.

Moreover, an employer must permit employees to take at least a twenty-minute meal period for each continuous seven and a half hours they work. Different rules apply to hotel room attendants in Cook County.

Illinois employers must provide rest breaks to their employees under the One Day Rest in Seven Act (ODRISA). Employers must provide employees with breaks during the workday or at least one day of rest each week.

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Vacation leave
As of January 1, 2024, Illinois’ Paid Leave for All Workers Act (PLAWA) mandates that most employers provide up to 40 hours of paid leave annually. Employees can earn at least one (1) hour of paid time off for every 40 hours worked.

Paid Sick Leave
Currently, Illinois does not have a state law that requires paid sick leave for all employees. However, PLAWA mandates that most employers provide up to 40 hours of paid leave annually. For example, employees can use their accrued leave for any purpose including to care for themselves or their families. Healthcare workers can get paid sick leave for specific provisions, like getting sick from public health emergencies.

• Chicago: Employees are entitled to accrue 2 hours of paid leave for every 35 hours worked. 

Holidays
Illinois state law does not require employers to provide paid or unpaid holiday leave.

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The Illinois Child Labor Law requires that minors employed under the age of 16 have employment certificates. These can be issued by the Superintendents of schools or duty-authorized agents. Otherwise, employers are prohibited from hiring teens under 16. 

Laws for minors 14-15:

• Can work up to 3 hours per day and 24 hours per week during school weeks. 

• Can work up to 8 hours per day, 6 days per week, and 48 hours per week during non-school weeks. 

• Can work hours of 7 AM - 7 PM except between June 1st and Labor Day. During those times, minors can work until 9 PM. 

• Must receive 30 minutes of a scheduled meal period no later than the 5th consecutive hour of work. 

Exemptions: The Child Labor Law does not apply to the following:

• Sale and distribution of magazines and newspapers at hours when the school of the district is not in session;

• Employment of a minor outside of school hours in and around a home of an employer when the work is not business related;

• Work of a minor 13 or more years of age, in caddying at a golf course;

• Minors 12 and 13 years of age are employed as officials at certain sports activities.

Effective January 1, 2025, The Child Labor Law of 2024 will have new restrictions for employers that hire minors under the age of 16. Employers must provide the minor with a “letter of intent to hire” and an application for an employment certificate, which must be submitted to the minor’s school. When the minor is officially hired, it’s the employer’s responsibility to maintain records such as name, date of birth, residency details, a notice of intention to employ the minor, and the employment certificate. These records must be kept for three years. The minor also must be supervised by an employee over 20 years old. They also must be given a 30-minute meal break every five hours of continuous work. There must be notice to minors about their rights under this law. 

The law also prohibits minors from working in several industries, such as mining, manufacturing, and construction. It also restricts the number of hours minors are allowed to work when school is and is not in session. They cannot work more than 8 hours in any 24-hour period.

Hiring
The Illinois Human Rights Act (IHRA) prohibits discrimination based on the following:

• Race

• Color

• Religion

• National origin

• Ancestry

• Sex

• Sexual orientation

• Age

• Martial status

• Disability

• Military status 

Employers must attain written consent from candidates before performing background checks. They also must verify that employees can work in the U.S. using Form I-9 and keep records for at least three years after the employee has been hired or at least one year after their employment has ended, depending on which occurs later. Illinois law prohibits employers from asking about criminal history and a candidate’s salary expectations during the hiring process. 

Firing
Illinois employers have the right to terminate employees at will for nearly any reason, including no reason at all provided the reason is not unlawful. However, they cannot fire an employee for public policy reasons.