The federal Fair Labor Standards Act (FLSA) sets the basic rules for wages, overtime pay, and time records in every state. When state and federal law differ, employers must follow the rule that is better for the employee.

Illinois labor laws go further than federal law in several areas. Most covered adult workers must earn at least $15 per hour. State law also sets rules for meal breaks and paid leave.

This guide covers Illinois labor laws for 2026, including wages, breaks, leave, child labor, and hiring. Chicago and Cook County have local rules that may provide greater benefits.

Illinois Labor Laws at a Glance

Chicago and Cook County employers must also follow their local minimum wage and paid leave rules.

Wages in Illinois

The Illinois Wage Payment and Collection Act (820 ILCS 115) sets the rules for how employers pay wages and what they may deduct from a paycheck. The act applies to all private employers in Illinois, as well as local governments and school districts. State and federal government employees are not covered.

Illinois Minimum Wage in 2026

The Illinois Minimum Wage Law (820 ILCS 105) requires covered employers to pay workers 18 and older at least $15 per hour. This rate took effect on Jan. 1, 2025. It remains in place for 2026.

Workers under 18 who work fewer than 650 hours in a calendar year may earn $13 per hour. Employers must pay the adult rate once a worker reaches 650 hours. Higher local rates may apply in Chicago and Cook County.

Chicago Minimum Wage in 2026

Chicago sets its own minimum wage under the city’s Minimum Wage Ordinance. As of July 1, 2026, covered employers with four or more employees must pay at least $17.05 per hour. The city adjusts the rate each July 1, subject to the ordinance’s inflation and unemployment rules.

Chicago uses one rate for employers with four or more employees. Domestic workers also qualify for the city rate, regardless of employer size. City contracts may require a higher wage.

Employers must post the current minimum wage notice at each Chicago location. They must give covered employees a written notice with their first paycheck. They must also give it each year with a paycheck issued within 30 days of July 1.

Cook County Minimum Wage

Covered employers in suburban Cook County must follow the Cook County Minimum Wage Ordinance. As of July 1, 2026, the minimum wage is $15.40 per hour for non-tipped workers. The tipped rate is $9.25 per hour.

The ordinance generally covers adult employees who work at least two hours a week in Cook County. State youth wage rules apply to workers under 18. Employers must check whether a higher local rate applies.

Employers may pay eligible new workers up to 50 cents less than the county rate during their first 90 days. This training rate does not apply to day laborers, temporary workers, or seasonal workers.

The county rate does not apply in Chicago, which has its own minimum wage. Some suburbs have opted out of the county ordinance. Employers should check municipal rules to confirm the rate that applies.

Tipped Minimum Wage in Illinois and Chicago

The Illinois Minimum Wage Law allows employers to count tips toward part of the required wage. This is called a tip credit. The tipped rates for Illinois, Cook County, and Chicago appear below.

If an employee’s cash wage plus tips falls below the full minimum wage, the employer must pay the difference. Employers must use the rate that applies where the employee works.

Chicago’s tipped minimum wage is $12.96 per hour as of July 1, 2026. The city paused its tip credit phaseout in 2026. The schedule now differs by employer size.

Employers with 21 or more employees must pay tipped workers the full city minimum wage by July 1, 2030. Employers with 4 to 20 employees have until July 1, 2033. The city’s current wage notice lists the rates employers must use.

Illinois Payment Laws

The Wage Payment and Collection Act sets when employers must pay wages and which deductions they may take. Deductions are allowed only when the law permits them, such as taxes, valid wage orders, or amounts employees authorize in writing. Written consent must be freely given when the deduction occurs (820 ILCS 115/9).

The Illinois Department of Labor (IDOL) helps workers collect unpaid wages and final pay. Final pay may include earned vacation, commissions, and bonuses.

Employers generally must pay wages at least twice a month (820 ILCS 115/3). Wages earned during twice-monthly or biweekly periods are due within 13 days after the period ends. Weekly wages are due within seven days.

Executive, administrative, and professional employees who meet FLSA definitions may receive monthly pay. Their wages are due within 21 days after the pay period ends. Employers may also pay commissions monthly (820 ILCS 115/4).

When an employee leaves, the employer must pay all final pay by the next regular payday. If possible, the employer should pay it in full at the time of separation.

As of Jan. 1, 2026, a final IDOL decision ordering payment of back wages becomes a debt to the state. This gives Illinois more ways to collect unpaid wages.

Illinois Pay Stub Requirements

Employers must give employees a paper or electronic pay stub each pay period (820 ILCS 115/10). It must list hours worked, pay rate, overtime hours and pay, gross wages, and deductions. It must also show year-to-date wages and deductions.

Employers must keep pay stub copies for at least three years. Current and former employees may request copies, subject to the law’s request limits. Employers must give eligible copies within 21 calendar days.

Illinois Minimum Wage Exemptions

The Illinois Minimum Wage Law does not cover every worker. Some workers are exempt, while others may receive a lower wage under specific conditions. Federal or local wage rules may still apply.

Illinois Overtime Laws

The Illinois Minimum Wage Law (820 ILCS 105/4a) requires overtime at one and a half times an employee’s regular rate. This rule applies to hours worked over 40 in a workweek. Exempt employees follow separate rules.

Illinois does not require daily overtime or a special rate for weekends and holidays. A 10-hour shift alone does not trigger overtime. The employee must work more than 40 hours that week.

An employee who earns $18 per hour and works 46 hours receives $720 for the first 40 hours. The six overtime hours earn $27 each, or $162. Total pay for the week is $882, assuming no other pay changes the regular rate.

Private employers may not give time off in place of overtime pay. According to the IDOL overtime FAQ, employers may require employees to work overtime, as long as the schedule does not violate the One Day Rest in Seven Act.

Executive, administrative, and professional employees generally qualify for overtime exemptions only if they meet salary and job duties tests. The federal salary threshold is generally $684 per week. A job title or salary alone does not establish an exemption.

Illinois also exempts certain other workers, including some salespeople and mechanics at vehicle and farm equipment dealerships. The IDOL overtime FAQ explains these rules. For other states, see the guide to state overtime laws.

Illinois Break Laws

The One Day Rest in Seven Act (ODRISA) (820 ILCS 140) sets meal break and day-of-rest rules. Illinois does not require paid 15-minute rest breaks for most adult workers. Some workers have separate break requirements.

Meal Breaks

Employers must give covered employees a meal break of at least 20 minutes during shifts of seven-and-a-half hours or longer. The break must start no later than five hours after the shift begins. Employees receive another 20-minute meal break for each extra four-and-a-half continuous hours worked.

Employers must also allow restroom breaks, which do not count toward the meal break. If an employee works through a meal break, the employer must pay for that time.

Day of Rest

Employers must give employees at least 24 consecutive hours of rest in every seven-day period. An employee may choose to work a seventh day only if the employer has a permit from IDOL. Overtime rules still apply once the week passes 40 hours.

The day-of-rest rule has exceptions for some workers. These include employees who work 20 hours or less a week, farmworkers, security guards, and exempt executive, administrative, and professional employees. These exceptions do not automatically remove meal break rights.

Meal breaks have separate exceptions, including certain on-call emergency medical workers. Union contracts may govern meal breaks or days off when they address those subjects. Employers must check the relevant ODRISA provision.

Employers with fewer than 25 employees face up to $250 in penalties and $250 in employee damages per offense. For employers with 25 or more employees, each amount rises to $500. Each missed meal break and each affected seven-day rest period counts as a separate offense.

Employers must also post the ODRISA notice where employees can see it.

Rest Breaks for Hotel Room Attendants

Hotel room attendants in Cook County are the main exception to the no-rest-break rule. On days they work at least seven hours, they must receive two paid 15-minute rest breaks and one 30-minute meal break. Employers who miss these breaks owe three times the attendant’s hourly rate for each workday affected.

Illinois Lactation Breaks

The Nursing Mothers in the Workplace Act (820 ILCS 260) covers employers with more than five employees. Employers must give reasonable breaks to express breast milk for up to one year after birth. As of Jan. 1, 2026, employers must pay these breaks at the employee’s regular rate.

Employers may not require employees to use paid leave for these breaks. They must make reasonable efforts to provide a private space near the work area. The space cannot be a toilet stall.

An employer may deny a break only if it would cause undue hardship under the Illinois Human Rights Act. Federal protections may also apply, including to workers at smaller employers. Workers under 16 have separate rules in the child labor section.

For other states, see the guide to state meal break laws.

Illinois Leave Requirements

Illinois requires paid leave for most workers, and Chicago and Cook County have their own paid leave rules. Several other state laws give employees unpaid, job-protected time off for specific reasons.

Paid Leave for All Workers Act

The Paid Leave for All Workers Act (PLAWA) (820 ILCS 192) requires most employers to provide paid leave. Employees earn one hour for every 40 hours worked, up to 40 hours per year. They may use it after 90 days of employment.

Employers may provide the required leave at the start of the year instead of having employees earn it over time. Existing leave policies may satisfy PLAWA if they meet its requirements. Employers do not need to add a separate leave bank in that case.

Employees may use paid leave for any reason. Employers may not ask why an employee is taking leave or require documentation. Employers with a written policy may require up to seven days’ notice for leave that can be planned.

Unused earned leave carries over to the next year, but employers may limit use to 40 hours per year. Employers that provide the full required leave upfront do not have to carry over unused hours.

Employers generally do not have to pay out unused PLAWA leave when the job ends. Payout is required when the leave is part of a vacation or general paid time off (PTO) bank. An employee PTO tracker can help employers track earned and used hours.

Employers covered by Chicago or Cook County paid leave ordinances follow those local rules. PLAWA may apply when an employer is outside local coverage. School districts, park districts, and some workers under union contracts are exempt.

Chicago Paid Leave and Paid Sick Leave

Covered Chicago employers must follow the Paid Leave and Paid Sick and Safe Leave Ordinance. Employees earn one hour of paid leave and one hour of paid sick leave for every 35 hours worked. Each type is capped at 40 earned hours per year.

Paid leave may be used for any reason after 90 days of employment. Employees may use paid sick leave after 30 days. Coverage generally begins after an employee works 80 hours in Chicago within 120 days.

Employers with 51 or more employees must pay out unused paid leave when the job ends, subject to city rules. Employers with 50 or fewer employees generally do not have this obligation. Unused paid sick leave does not require payout.

Cook County Paid Leave

Covered employers in suburban Cook County must follow the Cook County Paid Leave Ordinance. Employees earn one hour of paid leave for every 40 hours worked, up to 40 hours per year. They may use it for any reason after 90 days of employment.

Employers in suburbs that opted out must check whether PLAWA or another local law applies. A municipality’s minimum wage opt-out does not necessarily exempt employers from county paid leave rules.

Vacation Leave

Illinois law does not require employers to offer paid vacation. If an employer does offer it, earned vacation is treated as wages. Employers must pay employees for all earned, unused vacation when they leave, including a prorated amount for part of a year.

A policy may not take away vacation an employee has already earned. According to IDOL’s vacation FAQ, “use it or lose it” policies are allowed only if employees know about the policy and have a reasonable chance to use the time.

Sick Leave for Family Members

The Employee Sick Leave Act (820 ILCS 191) applies to employers that offer personal sick leave. Employees may use that leave to care for certain relatives. The law does not require employers to create a separate sick leave benefit.

Covered relatives include children, stepchildren, spouses, domestic partners, siblings, and grandchildren. Parents, parents-in-law, stepparents, and grandparents are also covered. Employers may limit family use to half of the sick leave an employee earns each year.

For the difference between leave types, see PTO vs. sick time.

Other Illinois Leave Laws

Illinois provides other forms of job-protected leave for specific situations. Most are unpaid. Employer size and who qualifies affect which rules apply.

Holiday Leave

Illinois does not require private employers to give paid holidays or pay a higher rate for work on a holiday. Employers that offer holiday pay must follow their own written policies. For more on how holiday pay works, see our guides to holiday pay and federal holidays.

Jury Duty Leave

The Jury Act (705 ILCS 305/4.1) requires employers to give employees time off for jury service. Employers may not require night-shift employees to work while they serve on a jury during the day. Employees keep their seniority and benefits during service.

Employees must give employers a copy of the summons within 10 days after it is issued.

Illinois generally does not require employers to pay for jury duty in 2026. Federal salary rules and employer policies may still require pay. Beginning Jan. 1, 2027, employers with more than 25 employees must pay the regular rate for time spent serving.

Voting Leave

The Illinois Election Code (10 ILCS 5/17-15) allows eligible employees up to two paid hours off to vote. Employees qualify if their shifts leave fewer than two hours before work and fewer than two hours after work while polls are open.

Employees must request leave before Election Day. Employers may choose which hours employees take off. Employers may not reduce pay for this time.

Severance Pay

Illinois law does not require severance pay. Employers that offer severance agreements must follow the Workplace Transparency Act (820 ILCS 96). For agreements signed from Jan. 1, 2026, confidentiality terms require separate payment beyond the payment for releasing claims.

Child Labor Laws in Illinois

The Child Labor Law of 2024 (820 ILCS 206) sets rules for workers under 16. It limits their work hours and bans certain jobs. Federal child labor rules may impose stricter limits.

Workers under 16 generally need an employment certificate before starting work. Some jobs are exempt, such as certain household chores and newspaper delivery. A parent or guardian helps the minor apply through a school issuing officer.

Employers must give a signed statement of intent to hire. They must keep the certificate while the minor works for them and for three years afterward. Certificates generally remain valid for one year.

Employers must have an adult age 21 or older supervise covered minors on site at all times. Minors may not work in hazardous jobs. Special rules apply to some occupations, including child performers.

Penalties may reach $10,000 per violation or $30,000 when a violation causes serious injury or illness. A violation that causes a minor’s death may result in a $60,000 penalty. Each affected minor and each day may count separately.

Illinois does not limit the hours of 16- and 17-year-olds. However, they still may not work in jobs that federal law lists as hazardous. For more details, see the IDOL child labor FAQ.

Illinois Hiring Laws

The Illinois Human Rights Act (IHRA) (775 ILCS 5) generally covers employers with one or more employees. It bans discrimination based on the protected traits and records listed below. Some protections have specific conditions or exceptions.

• Race, color, national origin, ancestry, and language
• Religion
• Sex, pregnancy, sexual orientation, and marital status
• Age (40 and older)
• Disability
• Military status and unfavorable military discharge
• Citizenship status and work authorization status
• Order of protection status
• Arrest record and conviction record
• Family responsibilities and reproductive health decisions, as of Jan. 1, 2025

Employees generally have two years to file an employment discrimination charge with the Illinois Department of Human Rights (IDHR). Civil penalties may apply to violations, in addition to other remedies. Maximum penalties are $16,000 for a first violation or $42,500 after one prior violation within five years. The maximum rises to $70,000 after at least two prior violations within seven years.

Artificial Intelligence in Hiring

As of Jan. 1, 2026, the IHRA bans discriminatory use of artificial intelligence (AI) in employment decisions. This covers hiring, promotion, discipline, and termination. Employers may not use ZIP codes as a substitute for protected traits.

The law also requires employers to notify employees about covered AI use. The act directs IDHR to set rules for giving notice. Employers should check IDHR’s current guidance when using AI in employment decisions.

Equal Pay and Pay Transparency

The Illinois Equal Pay Act of 2003 (820 ILCS 112) requires equal pay for equal or substantially similar work. It protects employees against pay differences based on sex. It also protects African American employees against lower pay than employees of other races.

Pay differences must meet the law’s exceptions, such as seniority, merit, or the amount or quality of work. Other job-related reasons must satisfy the act’s requirements. An employer may not justify unequal pay simply by naming another reason.

Employers with 15 or more employees must include pay and benefit details in covered job postings. This applies to jobs performed at least partly in Illinois or reporting to an Illinois supervisor, office, or worksite. Employers must also announce promotion opportunities internally within 14 calendar days after posting them externally.

Covered private employers with 100 or more Illinois employees must obtain an Equal Pay Registration Certificate from IDOL. Employers may not punish employees for discussing pay. For details, see IDOL’s FAQ and the guide to pay transparency laws.

Background and Credit Checks

The Job Opportunities for Qualified Applicants Act (820 ILCS 75) generally covers employers with 15 or more employees. They may ask about criminal history after selecting and notifying an applicant for an interview. If no interview occurs, they must wait until a conditional job offer.

The IHRA limits rejection based on a conviction to cases involving a substantial job-related connection or an unreasonable safety risk. Employers must consider the law’s required factors. They must give a preliminary written notice and at least five business days to respond before a final decision.

The Employee Credit Privacy Act (820 ILCS 70) bars most employers from using credit history in job decisions. Certain jobs qualify for exceptions. One example is a role with custody of or unsupervised access to at least $2,500 in cash or qualifying assets.

Banks, insurance companies, debt collectors, and certain government employers are exempt from the act. Federal background check rules may still apply.

Illinois Termination Laws

Illinois is an at-will employment state. Employers and employees generally may end employment without a reason or advance notice. Employment contracts and other legal protections may limit this rule.

Employers may not fire employees for discriminatory reasons or protected actions. Protected actions include filing wage complaints, taking protected leave, and reporting illegal activity.

Final pay requirements still apply when the job ends. See the payment laws section for deadlines and the vacation section for payout rules.

The Illinois Worker Adjustment and Retraining Notification (WARN) Act (820 ILCS 65) requires advance notice of some large job losses. It generally covers employers with 75 or more full-time employees. Covered employers must give 60 days’ written notice before a qualifying plant closing or mass layoff.

A plant closing generally involves at least 50 full-time employees losing their jobs at one site within 30 days. A mass layoff generally affects at least 25 full-time employees who represent at least 33% of the workforce there. It also covers layoffs of at least 250 full-time employees at one site.

Exceptions and related layoffs may affect coverage. Employers that fail to give required notice may owe up to 60 days of back pay and benefits.

Occupational Safety in Illinois

The federal Occupational Safety and Health Administration (OSHA) enforces safety rules for private employers in Illinois. Illinois OSHA (IL OSHA), part of IDOL, covers state and local government employers.

The Workers’ Rights and Worker Safety Act took effect Aug. 14, 2025. It uses certain federal safety and wage standards in effect on April 28, 2025, as Illinois’s minimum standards. If federal protections weaken, Illinois agencies may adopt rules to maintain those standards.

Employees who are hurt on the job may file a claim with the Illinois Workers’ Compensation Commission.

Biometric Time Clocks and BIPA

The Biometric Information Privacy Act (BIPA) (740 ILCS 14) regulates private entities that collect covered biometric data. This can include fingerprints or face geometry used by time clocks. Ordinary photographs alone are not biometric identifiers under BIPA.

Before collecting covered data, employers must meet these requirements:

• Publish a written policy that explains how long they keep biometric data and when they destroy it.
• Destroy the data once it is no longer needed, or within three years of the employee’s last contact with the employer, whichever comes first.
• Tell each employee in writing why the data is collected and how long it will be kept.
• Get a signed written release from each employee. An electronic signature counts.

Employers may not sell or profit from covered biometric data. Employees may seek $1,000 for negligent violations or $5,000 for intentional or reckless violations. Other remedies may also apply.

A 2024 amendment limits repeated collection of the same person’s data through the same method to one violation. It also limits repeated disclosures to the same recipient through the same method. Other BIPA duties remain separate.

Illinois Recordkeeping Requirements

The Illinois Minimum Wage Law requires employers to keep payroll records for at least three years. Records must include each employee’s name, address, job, and pay rate. They must also show daily hours worked and wages paid each pay period.

The pay stub retention rule appears in the payment laws section.

Accurate time records help employers respond to wage claims and payroll reviews. A digital time clock such as OnTheClock can track hours and organize timecards. Employers remain responsible for keeping all records required by law.

Miscellaneous Illinois Labor Laws

Other Illinois laws address employment agreements, drug testing, privacy, and required notices. The following rules apply:

• Non-Compete Agreements: Under the Illinois Freedom to Work Act (820 ILCS 90), non-competes are banned for workers earning $75,000 each year or less. Non-solicitation agreements are banned at $45,000 or less. These limits rise to $80,000 and $47,500 on Jan. 1, 2027. Employers must allow at least 14 days to review an agreement and advise employees in writing to consult a lawyer. Pay above the threshold does not automatically make an agreement enforceable.
• Drug Testing: Recreational marijuana is legal in Illinois, but employers may still keep drug-free work policies and test workers in a fair, consistent way. An employer may discipline a worker for being impaired at work. It must point to clear signs of impairment and give the worker a chance to respond.
• Social Media: Employers may not ask employees or applicants for their personal social media passwords. They also may not require employees to add the employer to their personal accounts.
• Captive Audience Meetings: The Worker Freedom of Speech Act took effect Jan. 1, 2025. Employers may not punish employees for skipping meetings about the employer’s religious or political views, including views on unions.
• Workplace Posters: All Illinois employers must put up required posters. These include the “Your Rights Under Illinois Employment Laws” poster and the paid leave notice. IDOL lists every required poster on its employer poster page.

New Illinois Labor Laws for 2026

Several employment laws took effect in 2026. The table lists key changes and their effective dates. For more, see Illinois labor law changes in 2026.

Two more changes take effect on Jan. 1, 2027: paid jury duty for employers with more than 25 employees, and higher salary limits for non-compete agreements.

Illinois Labor Laws FAQ

Is FMLA Paid in Illinois?

No. The Family and Medical Leave Act (FMLA) generally provides up to 12 weeks of unpaid, job-protected leave. Eligible employees may use available paid leave during FMLA leave. Illinois has no general state paid family leave program.

Private employers generally qualify for FMLA coverage after employing at least 50 workers for 20 workweeks in the current or prior year. Public agencies and schools have separate coverage rules.

Employees generally need 12 months of employment and 1,250 hours worked in the prior 12 months. They must also work at a site with at least 50 employees within 75 miles.

Are 15-Minute Breaks Required by Law in Illinois?

No, most adult workers are not entitled to 15-minute rest breaks under Illinois law. Hotel room attendants in Cook County have special rights. The break laws section explains those rules.

How Many Hours Can an Employee Work Without a Break in Illinois?

Covered adults working at least seven-and-a-half hours must receive a 20-minute meal break within the first five hours. Workers under 16 generally must receive a 30-minute meal break after no more than five continuous work hours.

What Is the Minimum Wage in Illinois in 2026?

The statewide minimum wage is $15 per hour for covered adults. Lower tipped and youth rates may apply. The wage tables above list the state, Chicago, and Cook County rates.

For other states, see minimum wage by state.

Is Overtime Paid After 8 Hours a Day in Illinois?

No. Covered employees earn overtime after working more than 40 hours in a workweek. Working more than eight hours in one day does not, by itself, trigger overtime.

Can an Employee Be Fired Without Warning in Illinois?

Yes, generally. At-will employment permits termination without advance warning, but employers must follow anti-discrimination, retaliation, contract, and other legal protections. Certain large layoffs require advance notice under the Illinois WARN Act.

How Many Hours Can a 16-Year-Old Work in Illinois?

Illinois’s child labor hour limits apply to workers under 16. State and federal child labor law generally do not limit hours for 16- and 17-year-olds. Federal rules still ban certain hazardous jobs for workers under 18.

Does Illinois Require Paid Sick Leave?

Illinois requires general paid leave for most employees, which they may use for illness or any other reason. PLAWA does not require a separate sick leave bank. Chicago requires both general paid leave and paid sick leave.

Sources

• Illinois Department of Labor
• Illinois Department of Human Rights
• City of Chicago Office of Labor Standards
• Cook County Commission on Human Rights
• U.S. Department of Labor, Wage and Hour Division

OnTheClock has made every effort to ensure this article is accurate but cannot guarantee its accuracy. Employers should consult a qualified professional before making business decisions. OnTheClock waives liability for misuse or inaccurate information in this article.