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Illinois Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More for 2025
Let’s take a deep dive into Illinois labor laws, with details on all the important aspects of the state’s regulations on your employees.

Illinois Meals and Breaks
20 MinutesFor Meal Breaks
Employees who work at least 7.5 continuous hours or more are entitled to a 20-minute unpaid meal break.
- Additional 20-minute meal break for workers with 12-hour shifts or longer.
- Employees can’t be forced to work during meal break; otherwise, it shall be paid.
2x 15 Minutes For Rest Breaks
Hotel room attendants are the only employees in Illinois entitled to two 15-minute paid rest breaks (in addition to the meal break), provided they work at least 7 hours.
Illinois Leave and Paid Time Off (PTO)
Illinois mandates that employers offering sick leave allow employees to use it for personal illness or to care for sick family members under the Illinois Sick Leave Act.
While there’s no state-mandated requirement for general paid sick leave, the Chicago Paid Sick Leave Ordinance and Cook County Earned Sick Leave Ordinance provide paid sick leave for employees working in those areas.
- Key Features: Accrue one hour of paid sick leave for every 40 hours worked.
- Usage: For personal illness or to care for a family member.
Illinois follows the federal Family and Medical Leave Act (FMLA), which allows eligible employees to take up to 12 weeks of unpaid leave for serious health conditions, family care, or childbirth/adoption.
- Eligibility: Employees who have worked for at least 12 months with 1,250 hours in the last year.
- Leave Duration: Up to 12 weeks of unpaid, job-protected leave.
Under the Child Extended Bereavement Leave Act (“CEBL”), Illinois employees may be entitled to an unpaid, job-protected bereavement leave should they experience the loss of a child by suicide or homicide.
- Employers with 250 or more full-time employees – required to provide up to 12 weeks of leave per year.
- Employers with 50 to 249 full-time employees – required to provide up to 6 weeks of leave per year.
- Employers with fewer than 50 full-time employees – exempt from the CEBL.
Illinois workers are covered under FMLA for parental leave, allowing parents to take up to 12 weeks of unpaid leave following the birth or adoption of a child. Paid parental leave policies are generally left up to individual employers.
Illinois does not require employers to offer paid or unpaid holiday leave. Holiday time off and pay are usually a matter of employer policy. However, private-sector employers generally offer paid holidays as part of their benefits packages.
While Illinois does not mandate paid vacation leave, employers who offer it must comply with state laws that treat accrued vacation as wages. This means unused vacation time must be paid out upon separation from employment.
The School Visitation Rights Act allows Illinois employees to take up to 8 hours of unpaid leave per year to attend school conferences or activities if they cannot be scheduled outside of work hours.
Eligibility: Employers with at least 50 employees.
There are no specific Illinois laws mandating emergency leave, but employees may use other available leave options such as PTO, sick leave, or unpaid leave in case of personal or family emergencies.
Under the Illinois Family Military Leave Act, employees are entitled to take unpaid, job-protected leave if they:
- Are either the spouse, parent, child, or grandparent of a person called to military service lasting longer than 30 days; and
- Have worked for the same employer for at least 12 months, and for at least 1,250 hours in the last year.
How much family military leave you can request depends on where you’re employed:
- Employers with 15 to 50 employees are required to provide up to 15 days of unpaid leave.
- Employers with more than 50 employees are required to provide up to 30 days of unpaid leave.
Illinois does not mandate volunteering leave, but employers may provide paid or unpaid time off for employees to volunteer at their discretion.
Illinois does not have a specific law governing administrative leave, but employers may place employees on administrative leave as part of internal investigations or other employer-initiated actions.
Under Illinois law, employees are entitled to up to two hours of paid leave to vote on Election Day if their work schedule does not allow them enough time to vote during polling hours.
Key Rule: Employees must request leave before Election Day.
Illinois employers are required to provide employees with unpaid leave to serve on a jury. Employers cannot penalize employees for taking time off for jury duty.
Key Protection: Job security during jury service.
Illinois law requires employers to provide up to 30 days of paid leave for organ or bone marrow donation. This leave is available to employees who have been with their employer for six months or more.
Benefit: Paid leave for life-saving donations.
As part of the Employee Blood Donation Leave Act, employees are entitled to up to one hour of paid leave every 56 days to donate blood. The law expands in 2024 to cover organ and tissue donations.
Illinois employees are entitled to unpaid leave if they are subpoenaed to appear as witnesses in criminal proceedings.
The Victims’ Economic Security and Safety Act (VESSA) allows employees to take unpaid leave to address issues related to domestic violence, sexual assault, or stalking.
Duration: Up to 12 weeks of unpaid leave.
Under VESSA, employees may also take time off if they are crime victims, providing protection similar to the leave for domestic violence victims.

Here are other state-specific labor laws to look into:
- Colorado Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
- South Dakota Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
- Louisiana Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
- Maine Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
- Tennessee Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
- Kansas Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
- Mississippi Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
- Pennsylvania Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
- Maryland Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
- Georgia Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More for 2025
- Texas Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More for 2025
- Utah Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More for 2025
Illinois Wages and Overtime
$15/hourMinimum Wage
Non-tipped employees in Illinois will earn a minimum wage of $15 per hour by January 1, 2025.
1.5x HourlyOvertime Rate
Employers are required to pay non-exempt employees 1.5 times their regular rate of pay for all hours worked over 40 hours in a workweek. Exemptions apply to certain workers, such as administrative, executive, and professional employees.
$9/hourTipped Minimum Wage
Tipped employees must earn a minimum of $9 per hour. If tips do not bring the total pay to $15 per hour, the employer is required to make up the difference.
2x MonthPay Frequency
- Illinois Wage Payment and Collection Act requires employers to pay employees at least semi-monthly (twice a month), or bi-weekly (every two weeks).
- Employees must be paid their wages no later than 13 days after the end of the pay period in which the wages were earned.
Illinois has a statewide minimum wage of $15 per hour for non-tipped employees, but local governments within the state can set their own higher minimum wage rates. Notably:
- Chicago Minimum Wage: As of July 1, 2024, the minimum wage for workers in Chicago is $16.20 per hour for employers with 4 or more workers. For tipped workers, the rate is $11.02 per hour, with employers making up the difference if tips don’t reach the full minimum wage.
- Cook County Minimum Wage: As of July 1, 2024, the minimum wage in Cook County is $14.05 per hour for non-tipped employees and $8.40 per hour for tipped employees. Like Chicago, employers must ensure that tipped workers’ total pay reaches the general minimum wage rate through tips or additional compensation.
Local minimum wages in Illinois often increase based on inflation rates, meaning workers in cities like Chicago and areas in Cook County may see annual adjustments.
- Tipped Employees: Employers can pay tipped employees a base wage of $9.00 per hour, but their total earnings, including tips, must meet or exceed the standard minimum wage of $15.
- Youth Workers: Workers under 18, working fewer than 650 hours per year, can be paid a sub-minimum wage of $13.00 per hour.
- Workers with Disabilities: Employers may pay workers with disabilities less than minimum wage under a special wage certificate based on productivity.
Certain workers in Illinois are exempt from the state’s minimum wage law or may qualify for lower wage rates:
- Youth Workers: Employees under the age of 18 who work fewer than 650 hours per year can be paid a lower minimum wage. As of 2024, the youth wage is $13 per hour, instead of the regular $15.
- Tipped Employees: Employers are allowed to pay tipped employees a base wage of $9 per hour, but they must ensure that the employees’ total earnings (including tips) reach at least $15 per hour.
- Agricultural Workers: Some agricultural workers are exempt from overtime pay requirements, and certain small farmworkers may also be exempt from minimum wage requirements, depending on their employer’s size and revenue.
- Exempt Employees: Certain white-collar workers, such as executive, administrative, and professional employees, are generally exempt from both minimum wage and overtime requirements, as long as they meet specific criteria under the Fair Labor Standards Act (FLSA).
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Illinois Prevailing Wages
$23.16 per hour Truck Driver (Oil & Chip Resealing)
The Truck Driver (Oil & Chip Resealing) position currently holds the lowest prevailing wage rate in Illinois, with a base pay of $23.16 per hour. This role involves transporting materials and equipment to or from job sites, distributing oil or liquid asphalt, and handling aggregate materials for oil and chip resealing projects.
$67.84 per hourElevator Constructor
The Elevator Constructor holds the highest prevailing wage rate in Illinois, with a base pay of up to $67.84 per hour in certain counties. Elevator constructors are responsible for assembling, installing, and maintaining elevators, escalators, and moving walkways.
Illinois prevailing wages are determined by the Illinois Department of Labor (IDOL) based on local standards. These wage rates apply to workers on public construction projects, ensuring they are paid fairly in line with the local labor market.
Construction workers, including electricians, carpenters, plumbers, and laborers, must be paid at least the prevailing wage for their occupation and geographic area. These rates include both basic hourly pay and benefits, such as health insurance and retirement contributions.
The Illinois Prevailing Wage Act ensures that contractors and subcontractors on public projects comply with these requirements, and failure to do so can result in penalties. Wage rates are updated periodically and vary based on location and the specific job classification.
Illinois Prevailing Wage Resources
- Illinois Department of Labor – Prevailing Wage Rates: This official state resource provides access to prevailing wage rates based on location and type of work.
- U.S. Department of Labor – Wage and Hour Division: The federal resource that outlines prevailing wage standards across various states, including Illinois, especially for federal projects.
- Cook County – Prevailing Wage Ordinances: For workers and employers in Cook County, this site provides specific details on county-level prevailing wage regulations.
- City of Chicago – Minimum Wage and Labor Standards: This resource covers prevailing wages within Chicago, including updates on local laws.
Illinois Child Labor Laws
Illinois Child Labor Laws are designed to protect the welfare, safety, and education of minors while ensuring that work does not interfere with their health and schooling. These laws set specific age limits, work hour restrictions, and prohibited occupations to safeguard young workers in the state.
<14 Years
Laws in Illinois for children under 14
- Generally prohibited from employment except in limited circumstances (e.g., acting, modeling, certain family businesses).
- Work permits are typically not issued for children under 14 except for these exemptions.
14-15 Years
Laws in Illinois for minors aged 14-15
Permitted to work in certain non-hazardous jobs like office work, grocery stores, and restaurants (but not cooking or baking).
- During the school year: Up to 3 hours per day on school days and 8 hours on non-school days.
- Up to 6 days a week and a maximum of 24 hours a week during school weeks, increasing to 48 hours a week when school is not in session.
- May only work between 7 a.m. and 7 p.m. during the school year, extending to 9 p.m. from June 1 to Labor Day.
Work permits required: Employers must obtain a work permit for each minor before hiring them.
Illinois has implemented a new Child Labor Law, replacing the previous version by virtue of Senate Bill 3646. As the law’s full provisions become effective on January 1, 2025, it will establish strict regulations on the industries and work environments minors can participate in, along with new working hour restrictions. Employers must ensure that minors have valid employment certificates, and violations can result in civil and criminal penalties
Other Essential Illinois Labor Laws
Health and Safety Standards in Illinois.
In Illinois, employers are required to follow specific health and safety guidelines to ensure a safe working environment.
The state’s labor laws are governed by both federal Occupational Safety and Health Administration (OSHA) standards and the Illinois Department of Labor’s safety regulations. These laws are in place to reduce workplace injuries and fatalities, and they outline responsibilities for both employers and employees to create safer workplaces.
In Illinois, employers must…
- Maintain a safe work environment free from recognized hazards that could cause death or serious harm (OSHA general duty clause).
- Provide safety training relevant to workplace hazards, ensuring employees understand how to protect themselves.
- Comply with OSHA standards for safety equipment, signage, machine operation, and emergency preparedness.
- Report workplace injuries and illnesses to OSHA and maintain injury/illness logs for inspection.
- Provide access to necessary safety gear, such as hard hats, gloves, and eye protection, at no cost to the employee.
In Illinois, employees should…
- Follow safety guidelines and wear personal protective equipment (PPE) as provided by the employer.
- Report hazardous conditions to their supervisor immediately to prevent accidents.
- Participate in safety training and adhere to emergency procedures.
- Exercise their right to refuse dangerous work if they believe the work poses an immediate risk of serious injury or death.
Report health and safety violations (unsafe working conditions) in Illinois to…
- Employees:
- File a complaint with OSHA
- Illinois Department of Labor’s Workplace Safety and Health Division
- Employers:
- Illinois On-Site Safety and Health Consultation Program
- OSHA Reporting Requirements
By adhering to these guidelines, both employees and employers help to create a safer working environment and reduce the risk of accidents. Illinois enforces these standards strictly, providing mechanisms to report and rectify unsafe conditions.
Hiring and/or Firing Employees in Illinois
Illinois is an at-will employment state, meaning that either the employer or employee can terminate the employment relationship at any time, with or without cause, and with or without notice, as long as it does not violate other laws (e.g., anti-discrimination laws). However, written contracts, collective bargaining agreements, or public policies may provide exceptions to this rule.
Illinois does not have right-to-work laws, meaning that union security agreements are permitted. Employees in unionized workplaces can be required to join the union or pay union dues as a condition of employment.
Employers in Illinois are allowed to conduct background checks on job applicants, but there are restrictions under the state’s Job Opportunities for Qualified Applicants Act, also known as the “ban-the-box” law.
Employers with 15 or more employees cannot inquire into an applicant’s criminal record until later in the hiring process, typically after an interview or conditional job offer.
Drug testing is permitted, but it must be consistent, and results cannot be used in a discriminatory manner.
Illinois follows federal anti-discrimination laws (like Title VII of the Civil Rights Act) and also has its own Illinois Human Rights Act, which provides additional protections for workers. This ensures fair treatment in hiring, promotions, compensation, and termination processes.
Anti-Discrimination Laws in Illinois.
Employers in Illinois may not discriminate against job applicants based on:
- Race
- Color
- National origin
- Sex (including pregnancy)
- Age (40 and over)
- Disability
Illinois law also prohibits discrimination based on sexual orientation, gender identity, marital status, and military status.
Employee Resignation or Termination in Illinois.
In Illinois, employees are free to resign at any time. Employers can terminate employees without cause unless the termination violates anti-discrimination laws or the terms of an employment contract. For example, firing an employee due to their race or in retaliation for filing a complaint would be illegal under state and federal law.
Unemployment Benefits in Illinois.
Workers in Illinois are eligible for unemployment benefits if they:
- Are unemployed through no fault of their own (e.g., layoffs or company downsizing).
- Have earned sufficient wages during the base period.
- Are actively seeking new employment.
Use this website to start your application for unemployment benefits in Illinois:
Illinois Department of Employment Security (IDES)
COBRA Benefits in Illinois.
Separated employees in Illinois may extend employer-provided health care coverage through COBRA (Consolidated Omnibus Budget Reconciliation Act), which stipulates:
- Employees can extend their health insurance for up to 18 months after termination.
- The employee typically pays the full premium cost plus a small administrative fee.
- COBRA applies to employers with 20 or more employees.
Final Paychecks in Illinois.
Separated employees in Illinois must receive their final paychecks:
- No later than the next scheduled payday for voluntary resignations.
- For involuntary terminations (layoffs or firings), final pay is due immediately upon termination.
- Final pay must include any accrued vacation pay if the employer has a vacation policy.
These rules are designed to ensure fairness in the workplace, promoting transparency and accountability for both employers and employees.
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Illinois Recordkeeping Requirements
Illinois labor laws require employers to maintain specific employment-related records for varying periods to ensure compliance with state and federal laws. These records must be readily available for inspection by relevant authorities, such as the Illinois Department of Labor (IDOL) or the U.S. Department of Labor (DOL). Below are the key recordkeeping requirements, categorized by the length of time employers must retain them.
1 Year
Documents employers must retain for at least one year:
- Work Authorization Reports: Employers should keep documents indicating a person’s eligibility for hire, such as reports verifying the right to work, for at least one year after the employee separates from employment.
2 Years
Documents employers must retain for at least two years:
- Documents Related to Search Waivers: For searches that are completed, failed, or where an offer is declined, any documents related to search waivers should be kept for at least two years after the close of the search.
3 Years
Documents employers must retain for at least three years:
- Employment Applicant Records (Unsuccessful Applicants): This includes resumes, vitae, and letters of recommendation for all unsuccessful applicants. Retain these for three years past the close of the search.
- Employment Eligibility Files:
- I-9 Forms: Retain for three years from the date of hire, or one year following the separation from employment, whichever is later.
- Visa Documents: Keep all visa-related records for three years after the visa expires or the date of separation from employment, whichever is sooner.
- Leave Reports: Documents related to leave, such as medical leave (FMLA or VESSA) or military leave under USERRA, should be kept for three years after their creation or three years after the employee’s separation from employment.
5 Years
Documents employers must retain for at least five years:
- Labor Certifications: For employees who require certification to work, labor certification records should be retained for five years from the filing date of the application for permanent employment certification.
6 Years
Documents employers must retain for at least six years:
- Background Check Documentation: Retain all documentation related to background checks for six years after the employee’s separation from employment.
- Unemployment Insurance Case Files: Keep these records for six years after the claim has been settled.
Penalties for Labor Law Noncompliance in Illinois Wages
$1,000+Wage Violations
Violations of the Illinois Wage Payment and Collection Act (WPCA) can cost the employer up to $1,000 in administrative fees. These violations include failure to pay final wages on time, non-payment of earned vacation, and other wage payment issues.
$2,000 to $10,000 Child Labor Law Violations
Employers found in violation may face a fine of $2,000 to $10,000 per violation for knowingly violating child labor provisions.
$7,000 to $70,000+OSHA Violations
Per OSHA (Occupational Safety and Health Administration) guidelines for workplace safety, serious violations can cost up to $7,000 per violation if the employer was aware or should have been aware of the hazard.
Willful or repeat violations can incur fines up to $70,000 per violation, reflecting more serious or recurring offenses.
$500 to $5,000Minimum Wage and Overtime Violations
Employers may face a fine of up to $500 per violation or an amount equal to 20% of underpaid wages.
For overtime violations, fines can be up to $5,000 per violation, and employees may be entitled to back pay for unpaid overtime, along with damages.
$250 to $500Recordkeeping Violations
Employers may be fined between $250 to $500 per impacted employee for failing to maintain proper records of hours worked and wages paid.
In Illinois, labor law violations are investigated and addressed by…
- Illinois Department of Labor (IDOL)
- U.S. Department of Labor (DOL) – Wage and Hour Division
- Occupational Safety and Health Administration (OSHA)
Further Details on Other Illinois Labor Laws
Equal Pay Act in Illinois
Illinois mandates that employers with 100 or more employees submit equal pay certificates to demonstrate that they are paying men and women equally for similar work.
- Employers must renew their certificates every two years.
- Penalties: Failure to comply may result in fines of up to $10,000.
Pay Transparency Requirements in Illinois
Effective January 1, 2025, employers with 15 or more employees will be required to disclose pay scales and benefits in all job postings. This law aims to increase transparency, helping workers make more informed decisions. It also mandates that promotional opportunities be disclosed to current employees within 14 days of an external job posting.
Whistleblower Protection in Illinois.
Illinois law provides robust protections for employees who report illegal activities or unsafe work conditions. The Illinois Whistleblower Act prohibits employers from retaliating against employees who disclose violations of laws, rules, or regulations.
- Protection from retaliation: Employees cannot be demoted, fired, or harassed for reporting unlawful practices.
- Right to refuse illegal actions: Employees have the right to refuse to participate in activities they reasonably believe violate the law.
- Penalties for retaliation: Employers may face civil damages, including reinstatement of the employee, back pay, and other financial penalties.
Workers’ Compensation in Illinois.
Illinois requires employers to carry workers’ compensation insurance to cover employees in case of injury or illness on the job. The Workers’ Compensation Act provides benefits to employees who are injured while performing work-related tasks.
- Benefits: Includes medical expenses, temporary total disability (TTD), permanent disability, and death benefits.
- Eligibility: Any employee injured while performing their job duties, regardless of fault.
- Penalties for noncompliance: Employers who fail to obtain workers’ compensation insurance may face fines of up to $500 per day of noncompliance and potential criminal charges.
Personnel Record Review.
Effective January 1, 2025, employees will have greater access to inspect and copy more categories of their employment records, including benefit information, employee handbooks, and employment agreements. Employers must comply with these requests within a shorter timeframe than before, or face legal consequences.
If you work in construction, staying compliant with labor laws and prevailing wages is critical. These guides have got you covered:
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Under Illinois labor laws, the minimum wage is $15 per hour for non-tipped workers. Tipped employees must be paid at least $9.00 per hour, but their total compensation, including tips, must equal or exceed the regular minimum wage.
Youth workers under 18 can be paid a reduced minimum wage of $13.00 per hour if they work fewer than 650 hours per year. Local jurisdictions, such as Chicago and Cook County, may have higher minimum wage rates. Employers who fail to meet these wage standards can face significant fines and back pay requirements.
In Illinois, non-exempt employees are entitled to overtime pay at a rate of 1.5 times their regular hourly wage for any hours worked over 40 in a workweek. This overtime rule applies to most workers, but certain categories, such as salaried managers and independent contractors, may be exempt. Overtime violations can result in penalties, including back pay and fines. Illinois follows the federal Fair Labor Standards Act (FLSA) guidelines, so any overtime pay disputes are subject to both state and federal scrutiny.
Illinois labor laws, through the Illinois Human Rights Act, prohibit employers from discriminating against workers based on race, color, religion, sex, national origin, disability, sexual orientation, age, and several other protected categories. Recent amendments expanded protections to include reproductive health decisions and gender identity. The Illinois Department of Human Rights (IDHR) handles complaints of workplace discrimination, and employers found guilty can face fines and legal action. Illinois law also provides whistleblower protections for employees who report discrimination or other illegal practices.
Illinois child labor laws regulate the types of work minors can perform and the hours they can work. For example, minors under 16 are generally prohibited from working more than three hours on a school day or more than eight hours on a non-school day. The new 2025 child labor law further specifies restrictions on industries where minors can work and requires employers to obtain a valid employment certificate for minor workers. Violations can lead to both civil and criminal penalties.
Illinois labor laws require employers to provide a 20-minute meal break for employees who work at least 7.5 consecutive hours. This break must occur no later than five hours into the shift. However, Illinois law does not mandate shorter breaks or rest periods. Employees who work through their meal breaks must be compensated. Break regulations in Illinois may vary depending on industry and local ordinances, so employers need to stay informed.