articleIcon-icon

Article

5 min read

Understanding Illinois Employment and Labor Laws

Legal & compliance

PEO

Image

Author

Jemima Owen-Jones

Published

August 21, 2024

Last Update

January 31, 2025

Table of Contents

Federal vs. state law differences

Employment vs. labor law: What’s the difference?

Leaves of absence in Illinois

Workplace safety in Illinois

Stay compliant across the US with Deel PEO

Key takeaways
  1. Illinois will raise its minimum wage to $15.00 per hour in 2025, with overtime paid at 1.5 times the regular rate for hours over 40 per week.
  2. The state requires a 20-minute meal break per 7.5-hour shift and adheres to federal FMLA standards, with some localities mandating paid sick leave.
  3. Illinois has strict anti-discrimination laws, enhanced safety regulations, and supports union rights including collective bargaining.

In the US, labor and employment laws establish the framework for fair and equitable workplaces. They outline the rights and responsibilities of employers, employees, and labor unions, covering areas such as wages, working conditions, health and safety, and termination.

Since these laws can vary by state, it's crucial for both employers and employees to know their local requirements. In this article, we’ll cover the key laws in Illinois.

Federal vs. state law differences

While federal laws provide a baseline across the country, states can enact laws that offer additional protections. Illinois often provides greater protections than federal law, including higher minimum wages and stricter safety regulations.

Employment vs. labor law: What’s the difference?

Employment laws typically cover the rights and responsibilities of individual employees, including wage standards and discrimination protections. Labor laws deal with the collective relationship between employers and groups of employees, particularly regarding union organization and collective bargaining.

Wages and hours in Illinois

Illinois’ wage and hour laws combine state-specific requirements with federal requirements. Here’s a breakdown:

Minimum wage in Illinois

As of January 1, 2025, the minimum wage in Illinois will be $15.00 per hour for workers 18 years and older. Employees over the age of 18 who do not receive tips may be paid $14.50 for the first 90 days of employment. Workers under the age of 18 may be paid $13 per hour for the first 650 hours worked. After that, they must be paid $15 per hour.

Overtime pay in Illinois

Employees must be paid one and one-half times their regular rate for hours worked beyond 40 in a workweek.

Pay transparency in Illinois

As of January 1, 2025, all job postings made by employers with 15 employees or more need to incude pay scale information and benefit information.

Pay stubs

Starting from January 1, employers in Illinois are required to provide pay stubs to their employees for each pay period. The pay stub includes information such as work hours, pay rates, overtime pay, and wage deductions.

Deel PEO
The market leader in PEO services for remote teams
Deel PEO makes managing your US team easier. Offload compliance risks and HR admin to us, so you can focus on scaling your business across all 50 states and beyond.

Leaves of absence in Illinois

While specific state-mandated leaves were not detailed, Illinois employees are generally covered under federal laws like the Family and Medical Leave Act (FMLA) for personal or family illness, pregnancy, or military leave.

Paid Leave for All Workers Act (PLAWA)

The Paid Leave for All Workers Act (PLAWA) grants employees up to 40 hours of paid leave annually. Workers can use this leave for any reason, and employers cannot require them to justify their time off. Employees accrue one hour of paid leave for every 40 hours worked. Employers with existing leave policies may qualify for certain exceptions. Some worker categories are not covered by this law.

Pregnancy disability leave in Illinois

Illinois follows the FMLA, which allows eligible employees to take unpaid leave for pregnancy and related conditions, ensuring job protection and continuation of health insurance.

Paid sick leave in Illinois

Illinois does not have a statewide mandate for paid sick leave, although certain municipalities like Chicago have their own ordinances requiring it.

Jury duty in Illinois

Employers must allow employees to take leave for jury duty, ensuring that they are not penalized or terminated for fulfilling their civic duty.

Workplace safety in Illinois

Illinois adheres to federal OSHA regulations and has additional state-specific safety laws designed to provide greater protection to workers in various industries.

Discrimination and harassment laws in Illinois

Illinois enforces stringent laws against discrimination and harassment in the workplace, covering a wide range of protected classes beyond federal law.

Unions in Illinois

The Illinois Labor Relations Board governs the relationship between unions and public employers, ensuring the right to organize and engage in collective bargaining.

FAQs

In Illinois, the minimum wage for tipped employees is 40% of the standard minimum wage, provided that their tips bring their total earnings up to the full minimum wage. Employers must make up the difference if tips plus the tipped minimum wage do not equal the standard minimum wage.

Yes, certain employees are exempt from overtime pay under Illinois law, similar to federal exemptions. These include individuals employed in administrative, executive, or professional capacities, certain agricultural workers, and outside salespeople, among others.

Minors (workers under the age of 16) in Illinois are required to have a meal period of at least 30 minutes if they are scheduled to work more than 5 consecutive hours.

Illinois is an at-will employment state, meaning that an employer can terminate an employee at any time for any reason, except for illegal reasons such as discrimination or retaliation. However, if there is a contract in place, the terms of the contract apply.

Illinois law prohibits discrimination in employment on the basis of race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental disability, military status, sexual orientation, pregnancy, or unfavorable discharge from military service. The Illinois Department of Human Rights (IDHR) investigates complaints of discrimination.

Employees should first report any suspected violations to their HR department or supervisor. If the issue is not resolved internally, they can file a complaint with the Illinois Department of Labor or the appropriate agency depending on the issue, such as the IDHR for discrimination claims.

Illinois employers are not required by state law to provide health insurance; however, federal laws such as the Affordable Care Act (ACA) may require health coverage depending on the size and nature of the business.

Illinois restricts the use of criminal history in hiring decisions. Under the Illinois Job Opportunities for Qualified Applicants Act, employers with 15 or more employees are prohibited from inquiring about or considering the criminal record or history of an applicant until after the applicant has been selected for an interview or a conditional offer of employment has been made.

Stay compliant across the US with Deel PEO

Keeping up to date with the latest state-specific labor and employment laws is a crucial but resource-intensive task for HR and payroll teams. With Deel PEO, you can offload HR and compliance risks and focus on growing your business. Deel’s services include:

  • Expert payroll administration
  • Advanced HR and benefits compliance
  • Access to benefit plans from leading providers
  • Trainings, HR policies, and on-demand HR support

Book a demo to explore Deel’s platform and speak with an expert.

Disclaimer: This article is provided for general informational purposes and should not be treated as legal or tax advice. Consult a professional before proceeding.

Image

About the author

Jemima is a nomadic writer, journalist, and digital marketer with a decade of experience crafting compelling B2B content for a global audience. She is a strong advocate for equal opportunities and is dedicated to shaping the future of work. At Deel, she specializes in thought-leadership content covering global mobility, cross-border compliance, and workplace culture topics.

Related resources