Article
5 min read
Understanding Illinois Employment and Labor Laws
Legal & compliance
PEO

Author
Jemima Owen-Jones
Published
August 21, 2024
Last Update
January 31, 2025

Key takeaways
- 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.
- 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.
- 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.
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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
How does Illinois handle minimum wage for tipped employees?
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.
Are there any exceptions to the overtime pay requirements in Illinois?
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.
What are the rules for meal breaks for minors working in Illinois?
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.
Can an employer in Illinois fire an employee for no reason?
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.
How does Illinois law protect employees from discrimination?
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.
What should an employee do if they believe their rights are being violated under Illinois employment law?
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.
Are employers in Illinois required to provide health insurance?
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.
What are the rules regarding the use of background checks in hiring in Illinois?
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:
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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.

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.