Illinois Labor Law: Wages, Leave, Breaks, and Complaints

Illinois labor laws give workers a $15-per-hour minimum wage, overtime after 40 hours in a week, paid leave that accrues for any reason, meal and rest breaks, broad protection from discrimination and retaliation, and strong remedies when an employer shorts a paycheck or misclassifies a worker. The Illinois Department of Labor (IDOL) enforces most of these rules, with the Illinois Department of Human Rights handling discrimination and the Illinois Workers’ Compensation Commission handling on-the-job injuries.¹ Many of these protections exceed federal minimums, so what you’re entitled to in Illinois is often more than the baseline you’d find elsewhere.

Minimum Wage and Overtime

The state minimum wage is $15.00 per hour for workers 18 and older. Workers under 18 who log fewer than 650 hours in a calendar year earn $13.00 per hour. Tipped employees can be paid 60 percent of the standard minimum, or $9.00 per hour, as long as their tips bring total pay to at least $15.00.² The federal minimum wage is still $7.25.³

Local rates can be higher. Chicago’s minimum wage is $16.60 per hour for employers with four or more workers as of July 2025, and tipped employees and smaller employers follow separate schedules.⁴ If a city or county ordinance sets a higher rate, that’s the rate that applies to you.

Most employees who work more than 40 hours in a workweek must be paid one and one-half times their regular rate for the extra hours. Overtime is based on actual hours worked, so paid vacation or sick days generally don’t count toward the 40-hour trigger.² Some salaried executive, administrative, and professional positions are exempt, but the exemption depends on both a minimum salary and specific job duties.⁵ A salary and a manager title alone don’t make someone exempt.

Paydays, Final Paychecks, and Deductions

Under the Illinois Wage Payment and Collection Act, most workers must be paid at least twice a month. Executive, administrative, and professional employees can be paid once a month, and commissions may also be paid monthly.⁶

When your job ends, your final paycheck is due no later than the next regularly scheduled payday. It must include all earned wages, commissions, and the cash value of any earned but unused vacation.⁶ If the employer misses that deadline or underpays, you can file a claim with IDOL or go to court for the unpaid amount plus damages of 5 percent of the underpayment for every month it stays unpaid.⁷

Deductions from your paycheck are tightly limited. An employer can only withhold wages when the law requires it (like taxes), when the deduction benefits you and you agreed to it (like health insurance premiums), or when you give written consent at the time of the deduction.⁶ A blanket consent form signed at hire doesn’t cover surprise deductions later. If an employer is ordered to pay what’s owed and drags its feet, a further penalty of 1 percent per day kicks in, up to double the original amount.⁷

Paid Leave You Can Use for Any Reason

The Paid Leave for All Workers Act gives nearly every Illinois employee the right to earned paid time off usable for any reason. You do not have to tell your employer why. Leave accrues at one hour for every 40 hours worked, up to at least 40 hours per year. Accrual begins on your first day, and you can start using the leave after 90 days.⁸ Employers already providing at least 40 hours of qualifying PTO are considered in compliance. Violations carry a civil penalty of $2,500 per offense.⁹

Job-Protected Leave for Illness, Family, or Violence

The federal Family and Medical Leave Act gives eligible workers up to 12 weeks of unpaid, job-protected leave per year for a serious health condition, the birth or adoption of a child, or a family member’s serious illness. To qualify, you must have worked for your employer for at least 12 months and 1,250 hours during that period, and the employer must have at least 50 employees within 75 miles of your worksite.¹⁰

The Illinois Victims’ Economic Security and Safety Act adds up to 12 weeks of unpaid, job-protected leave in a 12-month period for workers (or family members of workers) who are victims of domestic, sexual, or gender violence. It covers medical treatment, counseling, legal proceedings, and safety planning, and applies to employers of every size.¹¹ Retaliation for taking VESSA leave can result in reinstatement, back pay with interest, and attorney fees.

When the same event qualifies for both FMLA and VESSA, the leaves typically run at the same time rather than stacking.

Meal Breaks and a Day of Rest

The One Day Rest in Seven Act requires 24 consecutive hours of rest in every seven-day period. Some emergency and seasonal situations are excepted, but most commercial and industrial workers are covered. Employers with fewer than 25 workers face fines up to $250 per offense; larger employers face up to $500 per offense, and affected employees can receive damages in the same amounts.¹²

If you work at least 7.5 continuous hours, you’re entitled to a 20-minute meal break no later than five hours into the shift. For longer shifts, an extra 20-minute meal break is required for every additional 4.5 continuous hours.¹³ A 12-hour shift means two meal breaks; a shift running past 16.5 hours means three.

Protection From Workplace Discrimination

The Illinois Human Rights Act, enforced by the Illinois Department of Human Rights, prohibits workplace discrimination based on race, color, religion, sex, national origin, ancestry, age (40 and older), sexual orientation, gender identity, disability, pregnancy, arrest record, citizenship and immigration status, and military status.¹⁴ Several of those, including sexual orientation, gender identity, arrest record, and citizenship status, are not federally protected.

Federal law under Title VII and related statutes covers race, color, religion, sex (including pregnancy, sexual orientation, and transgender status), national origin, age, disability, and genetic information, and it forbids retaliation for filing a discrimination complaint or participating in an investigation.¹⁵ You can file with the Illinois Department of Human Rights, the federal EEOC, or both. Illinois law generally reaches smaller employers than federal law does, so workers at small businesses often have stronger claims under state law.

Employee or Independent Contractor?

Whether you’re an employee or a contractor decides whether many of the protections above apply. Illinois presumes you are an employee unless your employer can prove all three parts of the following test: you are free from the employer’s control and direction, your work is outside the employer’s usual business or is performed away from the employer’s premises, and you are engaged in an independently established trade or business.¹⁶ The burden is on the employer, and all three prongs must be met.

If you’ve been misclassified, you may be owed back wages, overtime, and unemployment coverage. Employers face delinquent unemployment contributions at 24 percent annual interest, penalties for unreported wages, and personal liability for corporate officers who willfully skip required payments. Construction employers face additional fines up to $1,000 per first violation and $2,000 per repeat violation within five years.¹⁶

Workers’ Compensation if You’re Hurt on the Job

Nearly every Illinois employer must carry workers’ compensation insurance, even with only one part-time employee. The Workers’ Compensation Act covers people injured on the job in Illinois, whose work is primarily in Illinois, or whose employment contract was made in the state, and out-of-state companies sending workers into Illinois must also maintain coverage.¹⁷

Sole proprietors, partners, and corporate officers can opt out of coverage for themselves, but not in extra-hazardous industries like construction and trucking, where coverage is mandatory for everyone. An employer who knowingly goes without coverage faces fines up to $500 per day, with a minimum penalty of $10,000, and corporate officers can be personally liable and face criminal charges from a Class A misdemeanor to a Class 4 felony.¹⁶ An employee hurt while the employer was uninsured can sue in civil court with no cap on damages.¹⁷

Whistleblower and Safety Protections

The Illinois Whistleblower Act prohibits employers from retaliating against employees who report suspected violations of state or federal law, or who disclose conduct that poses a substantial danger to public health or safety. Reports can go to a government agency, a court or administrative proceeding, or an internal supervisor, and must be made in good faith. Refusing to participate in activities you reasonably believe would violate the law is also protected, and even threatening retaliation is a separate violation.¹⁸

Federal OSHA handles workplace safety enforcement in Illinois; the state does not run its own OSHA plan. If you believe your workplace is unsafe, you can file a complaint with OSHA without retaliation from your employer.¹⁹

Rules for Workers Under 18

The Child Labor Law of 2024 took effect January 1, 2025, and replaced the prior child labor statute. Every minor needs an employment certificate before starting a job, issued by the local school superintendent or an authorized agent.²⁰

During the school year, workers under 16 face tight hour limits:

On a school day, no more than 3 hours of work, and no more than 8 hours of work and school combined.
In a school week, no more than 18 hours of work.²⁰

Minors are also banned from hazardous work. Federal Hazardous Occupation Orders prohibit workers under 18 from jobs involving explosives, mining, logging, most power-driven woodworking or metalworking machines, certain meat-processing equipment, and motor vehicle driving, and Illinois law incorporates and in some cases expands these restrictions.²¹

Penalties under the 2024 law scale with harm: up to $60,000 if a minor dies, up to $30,000 for a reportable injury or illness, up to $15,000 for employing a minor in a prohibited job, up to $10,000 for other violations, and up to $500 for failing to post required notices. Willful violations or obstruction of inspections are a Class A misdemeanor with additional civil penalties between $500 and $2,500.²²

How to File a Complaint

Wage and hour issues, unpaid final paychecks, unlawful deductions, paid leave violations, missed rest or meal breaks, misclassification, and child labor problems go to the Illinois Department of Labor. Discrimination and harassment claims go to the Illinois Department of Human Rights or the federal EEOC. Workplace injuries are handled through workers’ compensation, and unsafe working conditions are reported to federal OSHA. When you’re not sure which agency fits, IDOL is a reasonable starting point and can point you to the right office.¹

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Illinois Department of Labor. Welcome to the Illinois Department of Labor
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Illinois Department of Labor. Minimum Wage Law
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FRED | St. Louis Fed. Federal and State Minimum Wage Rates, Annual
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City of Chicago. Minimum Wage
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Illinois Department of Labor. Fair Labor Standards Act (FLSA) Exemptions
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Illinois General Assembly. Illinois Code 820 ILCS 115 – Illinois Wage Payment and Collection Act
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Illinois General Assembly. Illinois Code 820 ILCS 115 – Wage Payment and Collection Act, Section 14
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Illinois General Assembly. Illinois Code 820 ILCS 192 – Paid Leave for All Workers Act, Section 15
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Illinois General Assembly. Illinois Code 820 ILCS 192 – Paid Leave for All Workers Act
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U.S. Department of Labor. Fact Sheet #28 – The Family and Medical Leave Act
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Illinois Department of Labor. Victims’ Economic Security and Safety Act (VESSA)
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Illinois General Assembly. Illinois Code 820 ILCS 140 – One Day Rest In Seven Act, Section 7
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Illinois Department of Labor. One Day Rest In Seven Act
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Illinois Department of Human Rights. Prohibited Discrimination
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U.S. Equal Employment Opportunity Commission. Prohibited Employment Policies/Practices
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Illinois Department of Labor. Employer Misclassification of Workers
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Illinois Department of Insurance. Workers Compensation Insurance Compliance
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Illinois General Assembly. Illinois Code 740 ILCS 174 – Whistleblower Act
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Occupational Safety and Health Administration. Recordkeeping
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Illinois Department of Labor. Child Labor Law Compliance
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U.S. Department of Labor. Fact Sheet #43 – Child Labor Provisions of the FLSA for Nonagricultural Occupations
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Illinois General Assembly. Illinois Code 820 ILCS 206 – Child Labor Law of 2024