Minimum Wage $15.00 / HR
Illinois guarantees a minimum wage of $15.00 per hour for workers 18 years of age and older, unless a specific exemption applies. Because this rate is higher than the federal minimum wage, covered Illinois employees must be paid the Illinois rate for work performed in the state.
Tipped employees may be paid a lower direct cash wage of $9.00 per hour, but their cash wages plus tips must still equal at least $15.00 per hour. If tips do not bring the worker up to the full minimum wage, the employer must make up the difference.
Local minimum wage ordinances may set higher rates in some parts of Illinois. Employers must pay the highest applicable rate for the location where the work is performed.
Overtime Laws 1.5X RATE
Illinois requires overtime pay after 40 hours of work in a workweek at one and one-half times the regular rate. At the statewide minimum wage, that overtime rate is $22.50 per hour.
Overtime is based on the workweek, not the pay period. An employer cannot average a slow week and a busy week together to avoid overtime. Private employers generally must pay overtime in wages rather than replacing it with comp time.
The regular rate can include more than the base hourly wage. Certain bonuses, commissions, shift differentials, and incentive pay may need to be included when calculating overtime.
Meal Breaks & Rest Time 20 MIN BREAK
Illinois law requires employees working 7.5 continuous hours to receive a meal period of at least 20 minutes. The meal period must begin no later than 5 hours after the start of work. Employees working 12 hours or longer must receive an additional 20-minute meal period.
Illinois also requires employers to provide reasonable restroom breaks in addition to the meal period. If a break is treated as unpaid, the employee should be relieved of work duties during that time.
Short paid rest breaks may also be covered by federal wage rules. When an employer gives short breaks of about 20 minutes or less, that time generally must be counted as paid work time.
Paid Leave & Wage Payment IL STATE LAW
Illinois wage law covers more than minimum wage and overtime. The Illinois Wage Payment and Collection Act governs when, where, and how often wages must be paid and restricts deductions from wages or final compensation without employee consent.
Illinois also provides paid leave rights for many workers. Employees may accrue paid leave that can be used for any reason, subject to the rules and limits that apply to the worker and employer.
Final compensation can include unpaid wages, earned commissions, bonuses, and unused vacation pay when those amounts are owed under Illinois law or an employer policy.
Employee Misclassification COMMON VIOLATION
Some Illinois employers label workers as independent contractors or exempt salaried employees to avoid minimum wage, overtime, payroll taxes, and other worker protections. A contract, 1099 form, salary label, or manager title does not settle the legal question.
For overtime exemptions, the actual duties matter. Workers who spend most of their time performing routine work under supervision may still be non-exempt, even when their title suggests otherwise.
Misclassified employees may be owed unpaid overtime, minimum wages, unreimbursed wage deductions, and other compensation that should have been paid.
Filing a Claim 2-10 YEARS
Illinois workers may have claims under state law, federal law, or both. FLSA minimum wage and overtime claims generally have a two-year recovery window, extended to three years for willful violations.
Illinois Wage Payment and Collection Act claims have a longer limitations period. Actions under that Act must generally be brought within 10 years after the cause of action accrued.
Waiting can still reduce recovery. Some claims have shorter deadlines, and older unpaid wages can become harder to prove as records disappear or witnesses move on.
This article is provided for informational and educational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Josephson Dunlap LLP. Wage and hour laws vary by state, and the application of these laws depends on the specific facts of each situation. The figures and information cited above are current as of the date of publication and are subject to change. Prior results in other matters do not guarantee or predict a similar outcome in any future matter. If you believe your wages were not paid correctly, consult a qualified, licensed employment attorney.
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