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Employment and labor laws in Illinois [Updated 2026]

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Key takeaways

  • Illinois's minimum wage reached $15/hr on January 1, 2025, completing the state's scheduled increases under the 2019 Minimum Wage Law. Chicago and Cook County have higher local rates.

  • Illinois Paid Leave for All Workers Act (effective January 1, 2024): most private employers must provide up to 40 hours of paid leave per year, usable for any reason, accruing at 1 hour per 40 hours worked.

  • Illinois requires all employers with 15+ employees to include salary ranges and benefits in all job postings (effective January 1, 2025).

  • The Illinois Human Rights Act has one of the broadest anti-discrimination scopes in the US — covering employers with one or more employees across more than 20 protected characteristics.

  • Illinois mandates sexual harassment prevention training: all employees must complete training within 30 days of hire and annually thereafter.

  • Illinois is not a right-to-work state. Private employers can require union membership as a condition of employment.

  • Non-exempt employees who earn more than $58,656/year are exempt from state overtime requirements in administrative, professional, and executive roles — a higher threshold than the federal standard.

Illinois consistently sets a higher bar than federal minimums for employee protections. From wage regulations and paid leave to anti-discrimination law, the Prairie State takes a comprehensive and worker-friendly approach that requires employers to stay closely attuned to state-specific rules.

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

While the terms "employment law" and "labor law" are frequently used interchangeably, there are distinct legal differences between the two. Employment law primarily concerns the relationship between the employer and the individual employee. Labor law focuses on the relationship between employers and a collective group of workers, such as a union.

  • Employment law governs hiring and termination practices, discrimination, wage and hour regulations, workplace safety, and employee benefits.

  • Labor law addresses collective bargaining agreements, union organization and rights, strikes and picketing, and arbitration for collective disputes.

Wages and hours in Illinois

The Illinois Department of Labor enforces state wage and hour laws. Illinois has strict rules around minimum wages, overtime, pay transparency, and the number of hours employees may be required to work without rest.

Minimum wage in Illinois

As of 2026, Illinois's minimum wage is $15.00 per hour for non-tipped workers aged 18 and older, having reached the final step of its scheduled increases under the Illinois Minimum Wage Law. Tipped workers and minor workers may be paid a lower subminimum wage. See the schedule below for details:

Year

Minimum wage

Tipped minimum wage

Minimum wage for minors (under 18)

2023

$13.00

$7.80

$10.50

2024

$14.00

$8.40

$12.00

2025

$15.00

$9.00

$13.00

Chicago and Cook County have higher minimum wages than the state floor:

Minimum wage

Tipped minimum wage

Minimum wage for minors (under 18)

Cook County

$15.00

$9

N/A

Chicago

$16.20 for employers with four or more employees

$11.02

$13.00

Overtime pay in Illinois

Illinois follows the federal FLSA, requiring employers to pay employees 1.5 times their regular rate for all hours worked beyond 40 in a workweek. Illinois also requires that employees receive at least 24 consecutive hours of rest in every seven-day period.

The state's overtime exemption threshold for administrative, professional, and executive employees is $58,656 per year — higher than the federal threshold of $35,568/year. Employees earning above this level in qualifying roles may be exempt from overtime requirements.

Pay transparency in Illinois

Illinois law requires all employers with 15 or more employees to include salary ranges and a description of benefits in all job postings, effective January 1, 2025. The requirement applies to both in-state positions and remote jobs where the employee reports to a supervisor or worksite in Illinois.

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Breaks and rest periods in Illinois

Under the Illinois One Day Rest in Seven Act, employers must give employees a minimum of 24 consecutive hours off for every seven consecutive days worked. The exception is if an employee voluntarily agrees to work the seventh day for overtime pay — in which case the employer must obtain a special permit.

Employees are entitled to meal breaks lasting at least 20 minutes for every 7.5 hours worked, beginning no later than five hours after the start of the workday. Employees who work 12 or more hours in a day are entitled to two meal breaks.

Leaves of absence in Illinois

Illinois law requires several types of leave and has significantly expanded paid leave requirements in recent years.

Effective January 1, 2024, the Illinois Paid Leave for All Workers Act requires most private employers to provide up to 40 hours of paid leave per year that employees may use for any reason — not just illness or a specified purpose. Key provisions:

  • Leave accrues at 1 hour for every 40 hours worked

  • Employers may alternatively front-load the full 40 hours at the start of the benefit year

  • Employees can begin using accrued leave after 90 days of employment

  • Unused leave of up to 40 hours carries over to the next year (if accrual method is used)

  • Chicago employees are covered by Chicago's Paid Sick and Safe Leave Ordinance, which has different requirements

Contractor

Type

Employee

Sick leave

No

Paid

A minimum of 40 hours of paid leave per year.

Family and medical leave

Yes

Unpaid

Under the Family and Medical Leave Act (FMLA), employers must provide up to 12 weeks of unpaid leave per year for employees to:

- Recover from a serious illness

- Care for an ill family member

- Welcome a new baby, foster, or adopted child

Blood donation leave

Yes

Paid

Employers with 50+ employees must allow their employees to take one hour of paid leave every 56 days to donate blood. Starting in 2024, employees who donate organs or tissue get 10 days of paid leave per year.

Bereavement leave

Yes

Unpaid

Employers with 50+ employees must let employees take up to two weeks of unpaid leave if they lose a child.

School leave

Yes

Unpaid

Employers with 50+ employees must let employees take up to eight hours of unpaid leave to attend school conferences or activities that can’t be scheduled after work hours.

Vacation

No

N/A

Employers are not required to offer any paid or unpaid vacation leave. However, if they offer vacation benefits, they must abide by their own policies.

Holiday leave

No

N/A

Private employers are not required to give employees holidays off.

Jury duty leave

Yes

Unpaid

Employers must let employees take as much unpaid leave as they need to serve on a jury, and employees can’t be fired for missing work due to a jury summons.

Voting leave

Yes

Paid

Eligible employees are entitled to two hours of paid leave to vote, provided they give notice.

Military leave

Yes

Unpaid

Employers must allow employees as much unpaid leave as they need to serve or train in the US armed forces, state militia, or National Guard. Employees must be allowed to return to work with the same pay increases and benefits as if they had never left.

Emergency response leave

Yes

Unpaid

Employers cannot fire employees for taking leave to respond to an emergency if they are a volunteer emergency worker.

Witness leave

Yes

Unpaid

Employees must be allowed to take leave to appear as a witness in criminal proceedings, and they can’t be fired or disciplined for doing so.

Crime victim leave

Yes

Unpaid

Employers cannot take any adverse action against employees for taking leave to participate in criminal proceedings related to a crime that they were the victim of.

Domestic violence or sexual assault leave

Yes

Does not bear an economic risk

Employers must provide leave to any employee who is the victim of domestic or sexual violence so they can seek treatment (medical or psychological), relocate, or get legal assistance. The amount of leave varies based on the employer’s size.

Pregnancy disability leave in Illinois

For maternity, paternity, and pregnancy disability leave, Illinois defaults to the federal FMLA, allowing eligible employees to take up to 12 weeks of unpaid leave at employers with 50 or more employees.

Illinois law also requires employers to provide reasonable accommodations for pregnant employees unless doing so would impose an undue hardship. Reasonable accommodations may include more frequent breaks, assistance with manual labor, or modifications to work schedules.

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Workplace safety in Illinois

Illinois places significant importance on workplace safety and often goes above and beyond federal OSHA requirements. Federal OSHA sets baseline standards; Illinois OSHA focuses specifically on public sector employees and mandates additional protections including:

  • Whistleblower protections: Illinois provides strong protections for employees who report unsafe conditions, shielding them from retaliation.

  • Regular inspections: Illinois mandates frequent workplace inspections, particularly in high-risk sectors.

  • Additional training requirements: Illinois may require more detailed safety training for specific industries or hazards.

  • Injury and Illness Prevention Program (IIPP): All Illinois workplaces must maintain a written IIPP addressing potential risks.

Workers' compensation insurance is required for most Illinois employers. Private employers generally must carry coverage through an authorized insurer or be self-insured.

Discrimination and harassment laws in Illinois

The Illinois Human Rights Act (IHRA) has one of the most comprehensive scopes of any state civil rights law — applying to employers with one or more employees and prohibiting discrimination based on more than 20 protected characteristics, including:

  • Sex (including pregnancy, childbirth, and related medical conditions)

  • Race, color, ancestry, national origin

  • Age

  • Religion

  • Disability

  • Marital status

  • Sexual orientation (including gender identity)

  • Military status and unfavorable military discharge

  • Arrest record and expunged or concealed criminal convictions

  • Citizenship status

  • Housing status

  • Protective order status

The Illinois Equal Pay Act requires employers to pay equal wages for equal work and prohibits pay differences based on any of the above protected characteristics.

Harassment is treated as a form of discrimination under both state and federal law. Illinois distinguishes between one-off incidents (unlikely to meet the legal threshold unless severe) and ongoing patterns of unwelcome behavior that create a hostile work environment.

Sexual harassment training requirements . In Illinois, all employees must complete sexual harassment prevention training within 30 days of being hired and again annually. Employers are liable for harassment committed by their employees even if unaware of it.

Unions in Illinois

Labor unions form when groups of workers come together to negotiate wages, benefits, and working conditions through collective bargaining. The guarantees employees the right to organize, join a union, engage in collective bargaining, or refrain from union activity. Employers cannot threaten or penalize employees for their decisions to support or not support a union.

Illinois is not a right-to-work state. Private employers may require employees to join a union as a condition of employment. The state has a long union tradition and has not adopted right-to-work legislation.

How Rippling supports Illinois labor law compliance

Illinois sets a high bar for employee protections — with a $15/hr minimum wage (higher in Chicago and Cook County), mandatory paid leave for all workers for any reason (effective 2024), comprehensive pay transparency, and the Illinois Human Rights Act's broad anti-discrimination coverage. Rippling gives Illinois employers the tools to manage these layered obligations in one place.

  • : helps Illinois employers manage HR administration, onboarding, and compliance workflows, including support for the Illinois Human Rights Act, the Paid Leave for All Workers Act, and workers' compensation enrollment.

  • : automates Illinois state income tax withholding, minimum wage compliance (including Chicago and Cook County rates), overtime calculations, and paid leave deductions — flagging violations based on each employee's work location.

  • : centralizes employee records and compliance documentation, supporting audit readiness for the Illinois Department of Labor, Illinois Human Rights Commission, or federal EEOC inquiries.

  • : tracks hours worked, paid leave accrual under the Paid Leave for All Workers Act (1 hour per 40 hours worked), and leave balances to ensure compliance with Illinois's mandatory leave requirements.

  • : centralizes headcount planning and compensation management so employers can maintain pay equity, set consistent salary ranges, and comply with Illinois's pay transparency requirements for all job postings.

  • : delivers mandatory sexual harassment prevention training content — Illinois requires all employees to complete training within 30 days of hire and annually thereafter.

FAQs about Illinois labor and employment laws

It depends on the law, but most employment laws only apply to employees, not contractors. Make sure you’re classifying your workers correctly with our analyzer tool.

Yes. Illinois is an at-will employment state. This means employers can fire employees at any time, without warning, and without cause. Employees can also quit at any time without notice.

Illinois law prohibits employers from asking employees for any information about their private social media accounts.

Employers in Illinois are also subject to the state’s Biometric Information Privacy Act or BIPA. This gives employees total control over their biometric data and prevents employers from collecting it without written consent. Biometric data includes fingerprints, DNA, hand scans, voice prints, and more.

Background checks are generally allowed in Illinois (with some limitations). For certain professions, background checks are required, including healthcare personnel, firefighters, peace officers, school bus drivers, and others.

However, employers are typically not allowed to run credit checks on job applicants as part of the background check process unless they work in financial and insurance institutions, law enforcement, or debt collection.

Whistleblowers in Illinois are protected and must be able to report violations of the law without being fired, discriminated against, or treated differently.

All employers with one or more employees are required to purchase workers’ compensation coverage in Illinois.

Under federal law, any employer with 50 or more full-time employees is required to provide healthcare benefits.

Businesses covered by the federal Worker Adjustment and Retraining Notification (WARN) Act may need to give employees 60 days’ notice before layoffs.

Under the Illinois Wage Payment and Collection Act, any employee who is laid off should receive their final paycheck by the next payday.

Children under 14 generally cannot work in most jobs, except for certain roles like newspaper delivery or acting. Minors ages 14-17 can work in allowed occupations but with restricted hours, especially during school days. Illinois mandates that minors must get a meal break of at least 30 minutes after five consecutive hours of work.

Employers can’t enter into non-compete agreements with employees who earn $75,000 or less, and they can’t require non-solicitation agreements with employees who earn $45,000 or less. While these clauses are often standard parts of employment contracts in other states, including them in Illinois could land you in legal trouble.

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Disclaimer

Rippling and its affiliates do not provide tax, accounting, or legal advice. This material has been prepared for informational purposes only, and is not intended to provide or be relied on for tax, accounting, or legal advice. You should consult your own tax, accounting, and legal advisors before engaging in any related activities or transactions.

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Author

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Vanessa Kahkesh

Content Marketing Manager, HR

Vanessa Kahkesh is a content marketer for HR passionate about shaping conversations at the intersection of people, strategy, and workplace culture. At Rippling, she leads the creation of HR-focused content. Vanessa honed her marketing, storytelling, and growth skills through roles in product marketing, community-building, and startup ventures. She worked on the product marketing team at Replit and was the founder of STUDENTpreneurs, a global community platform for student founders. Her multidisciplinary experience — combining narrative, brand, and operations — gives her a unique lens into HR content: she effectively bridges the technical side of HR with the human stories behind them.

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