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Illinois labor laws are particularly robust. The state has more stringent guidelines for Illinois labor laws salary employees, leave policies, child labor laws, and taxes.
Whether juggling payroll taxes and unemployment insurance or trying to stay on top of compliance with Illinois employee laws and anti-discrimination rules, every little bit can be a moonshot. Here in this blog, we will understand the labor laws in Illinois.
Standard Working Hours And Wages
The Illinois Department of Labor (IDOL) sets and enforces the minimum wage.
As per the Illinois labor laws, they can work around 40 hours a week and get paid accordingly.
These standards are consistent with the preference of protecting employees and promoting workplace fairness. Companies that do business in the state, therefore, have to be sure they’re compliant not only with federal labor laws, but with the Illinois Labor Laws 2025.
Minimum Wages
Illinois has been gradually raising its minimum wage since 2020 as part of a statewide plan to ensure fair pay for workers. As of January 1, 2025, the minimum wage for employees aged 18 and older is set at $15.00 per hour, while employees under 18 who work fewer than 650 hours in a year are entitled to a subminimum wage of $13.00 per hour.
These layered requirements mean that employers in Illinois must be attentive not only to Illinois labor laws salaried employees but also to city and county-level regulations. Staying compliant is critical, as penalties for wage violations can be significant and may also lead to reputational harm.
Overtime Wages
As per the Illinois labor laws overtime rules, non-exempt workers who work over 40 hours during a workweek are entitled to receive time and one-half of their regular rate for each additional hour worked.
The state of Illinois has no cap on the number of overtime hours its employees can work, but the state mandates that its workers receive at least 24 hours of undisturbed rest within each calendar week.
Tipped Minimum Wages
In Illinois, the tipped minimum wage is tied directly to the state minimum wage. As of 2025, tipped employees must be paid at least $9.00 per hour, which equals 60% of the state’s $15.00 minimum wage.
Employers may claim a tip credit of up to 40%, but they must ensure that when wages and tips are combined, employees earn at least the full state minimum wage. If not, the employer is required to make up the difference.
Breaks And Rest Periods
As per the Illinois labor laws breaks, adequate rest meal breaks will be provided. These provisions are provided in the One Day Rest in Seven Act (ODRISA) and state labor regulations.
Meal Breaks
Employees who work 7.5 consecutive hours or more must be provided an uninterrupted meal break of at least 20 minutes. This period shall not commence more than 5 hours after the beginning of the work shift.
Rest Periods
Employers are required to provide employees with at least 24 consecutive hours off for every 7-day workweek. In that case, the employer must have special permission and pay for overtime wages for that day.
Leave Policy In Illinois
Illinois employee laws for leave policy require employers to provide certain kinds of leave. The details are in the table below.
| Leave Type | Available for Employees | Paid/Unpaid | Details |
| Sick Leave | No | Paid | 40 hours per year of paid leave. |
| Bereavement Leave | Yes | Unpaid | Employers with at least 50 employees must offer unpaid leave of up to 2 weeks for the death of a child. |
| Family and Medical Leave | Yes | Unpaid | Up to 12 weeks annually under FMLA for a sick leave recovery, to care for family, or bond with a new child (birth, adoptive, or foster). |
| School Leave | Yes | Unpaid | Employers of 50+ employees are required to allow up to 8 hours per year for school conferences/activities not during work hours. |
| Holiday Leave | No | N/A | There is no legal requirement that private employers let their employees have a holiday. |
| Vacation Leave | No | N/A | Optional, but if provided, employers must comply with their own policies. |
| Voting Leave | Yes | Paid | Employees get up to 2 hours of paid leave as voting leave. |
| Crime Victim Leave | Yes | Unpaid | Employees cannot be punished for using leave to participate in criminal proceedings as a victim of a crime. |
Employee Compensation And Benefits
Illinois labor laws 12-hour shifts clearly define when and how employees must be paid. Employers are only required to compensate workers for the actual hours they perform work.
Payday Frequency and Timing
- Non-exempt employees (under FLSA) must be paid at least semi-monthly, and wages must be issued within 13 days after the end of the pay period in which the work was performed.
- Exempt employees (under FLSA) must be paid at least once per month.
Commissions, whether for exempt or non-exempt employees, must also be paid at least monthly once they are earned.
Child Labor Laws
Beginning January 1, 2025, the Illinois labor laws for minors establish clear rules for employing minors under the age of 16 in Illinois. These laws are designed to protect the safety, health, and education of young workers while allowing limited opportunities for age-appropriate employment.
Hour and Schedule Restrictions (for under 16)
- No more than 18 hours in a school week.
- No more than 40 hours in a non-school week.
- No more than 8 hours in 24 hours.
- No more than 3 hours on a school day.
- No more than 8 total hours when combining school and work.
- Work hours restricted to:
- Before 7:00 a.m. → Not allowed.
- After 7:00 p.m. (Labor Day – June 1) → Not allowed.
- After 9:00 p.m. (June 1 – Labor Day) → Not allowed.
- Before 7:00 a.m. → Not allowed.
These protections emphasize Illinois labor laws to ensure that young workers are safe, supervised, and not exploited in the workplace.
Taxes In Illinois
Illinois has a flat individual income tax of 4.95%, a 9.5% corporate income tax, a 6.25% state sales tax, and a combined state-local average sales tax of 8.86%.
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Curious Minds Also Ask
How many hours can you work without a break in Illinois?
Employees working 7.5 hours or more must get a 20-minute meal break; shifts over 12 hours require two meal breaks.
What is the 40-hour law in Illinois?
Non-exempt employees get overtime pay for hours worked over 40 per week at 1.5× regular pay.
What is an unfair labor practice in Illinois?
Interfering with union activities or retaliating against employees for complaints is an unfair labor practice.
How many days can I work without a day off in Illinois?
Employees must have 24 consecutive hours off every 7 days.
What is the 7-day rule in Illinois?
Employees must receive at least one full 24-hour rest period in any seven consecutive workdays.
What is the shortest shift allowed in Illinois?
No legal minimum shift length; breaks apply based on hours worked.
What is the P law in Illinois?
No specific “P law”; may refer to state labor regulations or internal policies.
What is the 48-hour rule in Illinois?
No weekly limit, but overtime applies for hours above 40 per week.
What is considered misconduct at work in Illinois?
Misconduct includes theft, harassment, insubordination, or violating company policies.
What is the Clopening law in Illinois?
No statewide Clopening law; some employers restrict back-to-back closing and opening shifts.
How many sick days are required by law in Illinois?
Employees accrue 1 hour of sick leave per 40 hours worked; minimum 40 hours/year.
What is Rule 23 in Illinois?
Rule 23 refers to administrative or court procedural rules, not labor law.
What is Rule 33 in Illinois?
Rule 33 is a procedural guideline in legal or administrative settings.
What is Rule 3.8 in Illinois?
Rule 3.8 relates to attorney ethics standards, not workplace laws.
How many hours straight can you legally work in a day in Illinois?
No maximum work limit, but meal breaks are required for shifts over 7.5 hours.
Can my employer change my schedule at the last minute in Illinois?
Yes, unless restricted by union agreements or local ordinances.
What is the legal age for staying home overnight in Illinois?
No specific state law; parents decide, guided by child welfare standards.
What is Rule 1.5 in Illinois?
Rule 1.5 relates to attorney fees under professional ethics rules.
What are the detainable offences in Illinois?
Detainable offenses are crimes where law enforcement can hold a person pending charges.
FAQ's
What is the minimum wage in Illinois for 2025?
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The minimum wage in Illinois for 2025 is $15 per hour for most employees. Some exceptions may apply to tipped employees, apprentices, and certain small businesses. Employers must comply with state and local wage laws, which may set higher minimums.
How many hours can an employee work before overtime applies?
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In Illinois, non-exempt employees are entitled to overtime pay at 1.5 times their regular rate for any hours worked over 40 in a workweek. Overtime rules generally align with federal Fair Labor Standards Act (FLSA) regulations.
What are Illinois’ rules regarding employee meal and rest breaks?
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Illinois law requires a 20-minute meal break for employees working 7.5 continuous hours or more. Rest breaks are not mandated by state law but may be required under certain collective bargaining agreements or employer policies.
What protections do employees have against workplace discrimination in Illinois?
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Illinois law prohibits discrimination based on race, color, religion, sex, national origin, age, disability, sexual orientation, gender identity, and other protected characteristics. Employees can file complaints with the Illinois Department of Human Rights (IDHR) if they experience workplace discrimination.
