Illinois wage and hour law comes mainly from four statutes: the Illinois Minimum Wage Law, the Illinois Wage Payment and Collection Act, the One Day Rest In Seven Act, and the Employee Classification Act. Together they set the hourly wage floor, the overtime rate, meal and rest requirements, how often workers must be paid, and what happens when an employer pays late.
On top of the state rules, Chicago and suburban Cook County set their own, higher minimum wages, covered in their own question below.
This note explains what those laws say, in plain terms, for both employers and workers. Where a law does not answer a question, the note says so rather than filling the gap. For the cross-state framework, see the wage and hour practice guide.
What is the minimum wage?
Illinois requires employers to pay adult workers at least $15 per hour. That rate applies to employees who are 18 or older, in every occupation, on and after January 1, 2025 .
Younger workers move up to the same rate once they put in enough hours. A worker under 18 who has worked more than 650 hours for the employer during a calendar year must be paid the same wage as an adult worker .
The Minimum Wage Law also carves out some very small employers. Its definition of employee does not include a person permitted to work for an employer with fewer than four employees, not counting the employer's parent, spouse, child, or other immediate family . Domestic workers, by contrast, are expressly included as employees .
There is a limited training rate. An employer may pay a subminimum wage to learners during their period of learning, but never less than 70 percent of the adult minimum wage . A person is not a learner in an occupation once the required training is complete, and in no case after six months of training, unless the Director finds that proficiency in that particular occupation cannot be acquired in six months .
This note describes the Illinois state rate only; employers covered by both state and federal law should check the current federal rate separately.
The Minimum Wage Law also contains an equal pay rule. An employer may not pay employees less on the basis of sex or mental or physical disability for the same or substantially similar work requiring equal skill, effort, and responsibility under similar working conditions, unless the difference comes from a seniority system, a merit system, a system measuring earnings by quantity or quality of production, or a factor other than sex or disability .
The core rate is stated directly in the statute:
The $15 state rate is only the floor: as of July 1, 2026, Chicago's minimum wage is $17.05 and suburban Cook County's is $15.40 , so check the local minimum wages question below before setting pay for work performed there.
Sources for this answer
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A.1 820 ILCS 105/4(a)(1)Illinois requires employers to pay employees 18 or older at least $15 per hour on and after January 1, 2025.
on and after January 1, 2025, every employer shall pay to each of his or her employees who is 18 years of age or older in every occupation wages of not less than $15 per hour.
See 820 ILCS 105/4(a)(1)
Primary source · Primary law
A.2 820 ILCS 105/4(a)(3)Workers under 18 who exceed 650 hours for an employer in a calendar year must receive the adult minimum wage.
Beginning on January 1, 2020, every employer shall pay to each of his or her employees who is under 18 years of age that has worked more than 650 hours for the employer during any calendar year a wage not less than the wage required for employees who are 18 years of age or older under paragraph (1) of subsection (a) of Section 4 of this Act.
See 820 ILCS 105/4(a)(3)
Primary source · Primary law
A.3 820 ILCS 105/3(d)The Minimum Wage Law defines employee to include domestic workers but to exclude individuals working for employers with fewer than four employees excluding immediate family.
“Employee” includes any individual permitted to work by an employer in an occupation, and includes, notwithstanding subdivision (1) of this subsection (d), one or more domestic workers as defined in Section 10 of the Domestic Workers' Bill of Rights Act, but does not include any individual permitted to work: (1) For an employer employing fewer than 4 employees exclusive of the employer's parent, spouse or child or other members of his immediate family.
See 820 ILCS 105/3(d)(1)
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A.4 820 ILCS 105/6(c)Employers may pay learners a subminimum wage but never below 70 percent of the adult minimum wage.
In any occupation, every employer may pay a subminimum wage to learners during their period of learning. However, under no circumstances, may an employer pay a learner a wage less than 70% of the minimum wage rate provided in item (1) of subsection (a) of Section 4 of this Act for employees 18 years of age or older.
See 820 ILCS 105/6(c)
Primary source · Primary law
A.5 820 ILCS 105/6(d)Learner status ends when required training is complete and generally cannot exceed six months.
No person is deemed a learner in any occupation for which he has completed the required training; and in no case may a person be deemed a learner in that occupation after 6 months of such training, except where the Director finds, after investigation, that for the particular occupation a minimum of proficiency cannot be acquired in 6 months.
See 820 ILCS 105/6(d)
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A.6 820 ILCS 105/4(b)Employers may not pay different wages based on sex or disability for substantially similar work absent an enumerated justification.
No employer shall discriminate between employees on the basis of sex or mental or physical disability, except as otherwise provided in this Act by paying wages to employees at a rate less than the rate at which he pays wages to employees for the same or substantially similar work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to (1) a seniority system; (2) a merit system; (3) a system which measures earnings by quantity or quality of production; or (4) a differential based on any other factor other than sex or mental or physical disability, except as otherwise provided in this Act.
See 820 ILCS 105/4(b)
Official source · Agency guidance
A.7 City of Chicago OLS notice, July 1, 2026PDFThe City of Chicago Office of Labor Standards rate table effective July 1, 2026 lists a $17.05 minimum wage.
July 1, 2026, Effective Date Standard Employer 4 or more employees Tipped Workers 4 or more employees Min Wage $17.05 $12.96 Overtime Min Wage $25.58 $21.49
See City of Chicago, Office of Labor Standards notice, July 1, 2026 (rate table)
Official source · Agency guidance
A.8 Cook County MWO page, July 2026Cook County reports a $15.40 minimum wage for non-tipped employees as of July 1, 2026.
As of July 1, 2026, the minimum wage in Cook County is $15.40 per hour for non-tipped employees and $9.25 per hour for tipped employees.
See Cook County Minimum Wage Ordinance page, updated July 2026
When is overtime owed?
Illinois measures overtime by the workweek, not the workday. An employer may not work an employee more than 40 hours in a workweek unless the employee is paid at least one and one-half times the regular rate for the hours over 40 .
The sections cited here do not create a daily overtime rule, and they do not set a double-time rate. Under these provisions, a long single shift does not by itself trigger overtime; what matters is total hours in the workweek.
Overtime does not reach everyone. The statute exempts employees working in a bona fide executive, administrative, or professional capacity, including radio or television announcers, news editors, and chief engineers, as defined or covered by the federal Fair Labor Standards Act of 1938 and its rules as both existed on March 30, 2003 . It also exempts employers of agricultural labor, for that agricultural employment , and commissioned employees described in Section 7(i) of the federal Fair Labor Standards Act .
Sources for this answer
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B.1 820 ILCS 105/4a(1)Illinois requires overtime at one and one-half times the regular rate for hours worked over 40 in a workweek.
Except as otherwise provided in this Section, no employer shall employ any of his employees for a workweek of more than 40 hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than 1 1/2 times the regular rate at which he is employed.
See 820 ILCS 105/4a(1)
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B.2 820 ILCS 105/4a(2)(E)Bona fide executive, administrative, and professional employees as defined under the federal Fair Labor Standards Act are exempt from Illinois overtime.
Any employee employed in a bona fide executive, administrative or professional capacity, including any radio or television announcer, news editor, or chief engineer, as defined by or covered by the Federal Fair Labor Standards Act of 1938 and the rules adopted under that Act, as both exist on March 30, 2003
See 820 ILCS 105/4a(2)(E)
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B.3 820 ILCS 105/4a(2)(C)Employers of agricultural labor are exempt from the Illinois overtime requirement as to that agricultural employment.
Any employer of agricultural labor, with respect to such agricultural employment.
See 820 ILCS 105/4a(2)(C)
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B.4 820 ILCS 105/4a(2)(F)Commissioned employees described in Section 7(i) of the federal Fair Labor Standards Act are exempt from Illinois overtime.
Any commissioned employee as described in paragraph (i) of Section 7 of the Federal Fair Labor Standards Act of 1938 and rules and regulations promulgated thereunder, as now or hereafter amended.
See 820 ILCS 105/4a(2)(F)
Are breaks required?
Illinois requires meal periods. An employer must give an employee scheduled to work seven and one-half continuous hours at least 20 minutes for a meal period, and that period must begin no later than five hours after the work period starts .
Longer shifts get more breaks. An employee who works more than seven and one-half continuous hours is entitled to an additional 20-minute meal period for every additional four and one-half continuous hours worked .
For most workers, the sections cited here do not state whether the meal period is paid or unpaid, and they do not require separate short rest breaks during the shift; hotel room attendants are the one statutory exception, covered next.
Hotel room attendants — workers who clean or put in order guest rooms in a hotel or other establishment licensed for transient occupancy — have a break rule of their own, which applies only to hotels and other establishments licensed for transient occupancy in a county with a population greater than 3,000,000 . Every hotel room attendant must receive a minimum of two 15-minute paid rest breaks and one 30-minute meal period in each workday on which the attendant works at least seven hours . An employer that does not provide those breaks owes the attendant three times the attendant's regular hourly rate of pay for each workday during which the required breaks were not provided .
Illinois also guarantees a weekly day off. Every employer must allow each employee at least 24 consecutive hours of rest in every consecutive seven-day period, on top of the regular rest at the end of each workday . A domestic worker may voluntarily agree to work on that rest day if paid at the overtime rate for all hours worked that day .
The day-of-rest rule has exceptions. It does not apply to part-time employees whose hours for one employer in a calendar week do not exceed 20, to employees needed for a machinery breakdown or other emergency requiring immediate skilled labor to prevent injury, property damage, or suspension of necessary operations, or to employees in agriculture or coal mining . It also does not apply to bona fide executive, administrative, professional, or outside sales employees, to supervisors under the National Labor Relations Act, to crew members of uninspected towing vessels operating in Illinois waters, or to employees whose hours, workdays, and rest periods are set through collective bargaining .
Violations are counted per employee and per period. Each week an employee is not allowed the 24 consecutive hours of rest is a separate offense, and each day an employee is not provided a required meal period is a separate offense . An employer with fewer than 25 employees faces a penalty of up to $250 per offense payable to the Department of Labor plus damages of up to $250 per offense payable to affected employees; for an employer with 25 or more employees, each figure rises to $500 .
Sources for this answer
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C.1 820 ILCS 140/3Employees scheduled for seven and one-half continuous hours must receive at least a 20-minute meal period starting no later than five hours into the work period.
Every employer shall permit its employees who are to work for 7 1/2 continuous hours, except those specified in this Section, at least 20 minutes for a meal period beginning no later than 5 hours after the start of the work period.
See 820 ILCS 140/3
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C.2 820 ILCS 140/3Employees working beyond seven and one-half continuous hours earn an additional 20-minute meal period for every additional four and one-half continuous hours.
An employee who works in excess of 7 1/2 continuous hours shall be entitled to an additional 20-minute meal period for every additional 4 1/2 continuous hours worked.
See 820 ILCS 140/3
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C.3 820 ILCS 140/3.1A hotel room attendant is a person who cleans or puts in order guest rooms in a hotel or other establishment licensed for transient occupancy.
As used in this Section, “hotel room attendant” means a person who cleans or puts in order guest rooms in a hotel or other establishment licensed for transient occupancy.
See 820 ILCS 140/3.1(a)
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C.4 820 ILCS 140/3.1The hotel room attendant rule applies only in counties with a population greater than 3,000,000.
This Section applies only to hotels and other establishments licensed for transient occupancy that are located in a county with a population greater than 3,000,000.
See 820 ILCS 140/3.1(b)
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C.5 820 ILCS 140/3.1Hotel room attendants working at least seven hours in a workday must receive two 15-minute paid rest breaks and one 30-minute meal period.
Notwithstanding any other provision of law, every hotel room attendant shall receive a minimum of 2 15-minute paid rest breaks and one 30-minute meal period in each workday on which the hotel room attendant works at least 7 hours.
See 820 ILCS 140/3.1
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C.6 820 ILCS 140/3.1An employer violating the hotel room attendant break rule owes three times the attendant's regular hourly rate for each affected workday.
An employer who violates this Section shall pay to the hotel room attendant 3 times the hotel room attendant's regular hourly rate of pay for each workday during which the required breaks were not provided.
See 820 ILCS 140/3.1
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C.7 820 ILCS 140/2(a)Employers must allow at least 24 consecutive hours of rest in every consecutive seven-day period.
Every employer shall allow every employee except those specified in this Section at least twenty-four consecutive hours of rest in every consecutive seven-day period in addition to the regular period of rest allowed at the close of each working day.
See 820 ILCS 140/2(a)
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C.8 820 ILCS 140/2(a)A domestic worker may voluntarily work the weekly rest day if paid at the overtime rate for all hours worked that day.
This subsection (a) does not prohibit a domestic worker from voluntarily agreeing to work on such day of rest required by this subsection (a) if the worker is compensated at the overtime rate for all hours worked on such day of rest.
See 820 ILCS 140/2(a)
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C.9 820 ILCS 140/2(b)The weekly day of rest requirement does not apply to certain part-time, emergency, agricultural, and coal mining employees.
Subsection (a) does not apply to the following: (1) Part-time employees whose total work hours for one employer during a calendar week do not exceed 20; and (2) Employees needed in case of breakdown of machinery or equipment or other emergency requiring the immediate services of experienced and competent labor to prevent injury to person, damage to property, or suspension of necessary operation; and (3) Employees employed in agriculture or coal mining; and
See 820 ILCS 140/2(b)(1)-(3)
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C.10 820 ILCS 140/2(b)(6)Executive, administrative, professional, outside sales, supervisory, towing vessel crew, and collectively bargained employees are excluded from the weekly day of rest requirement.
Employees who are employed in a bonafide executive, administrative, or professional capacity or in the capacity of an outside salesman, as defined in Section 12(a)(1) of the federal Fair Labor Standards Act, as amended, and those employed as supervisors as defined in Section 2(11) of the National Labor Relations Act, as amended; and (7) Employees who are employed as crew members of any uninspected towing vessel, as defined by Section 2101(40) of Title 46 of the United States Code, operating in any navigable waters in or along the boundaries of the State of Illinois; and (8) Employees for whom work hours, days of work, and rest periods are established through the collective bargaining process.
See 820 ILCS 140/2(b)(6)-(8)
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C.12 820 ILCS 140/7(a)Violations of the meal period and day of rest requirements carry civil penalties and employee damages scaled by employer size.
Any employer who violates Sections 2, 3, or 3.1 shall be guilty of a civil offense, and shall be subject to a civil penalty as follows: (1) For an employer with fewer than 25 employees, a penalty not to exceed $250 per offense, payable to the Department of Labor, and damages of up to $250 per offense, payable to the employee or employees affected. (2) For an employer with 25 or more employees, a penalty not to exceed $500 per offense, payable to the Department of Labor, and damages of up to $500 per offense, payable to the employee or employees affected.
See 820 ILCS 140/7(a)
Primary source · Primary law
C.11 820 ILCS 140/7(b)Each week without a required rest day and each day without a required meal period is a separate offense determined per employee.
An offense under this Act shall be determined on an individual basis for each employee whose rights are violated. (1) Each week that an employee is found to not have been allowed 24 consecutive hours of rest as required in Section 2 shall constitute a separate offense. (2) Each day that an employee is found not to have been provided a meal period as required in Section 3 shall constitute a separate offense.
See 820 ILCS 140/7(b)
When is final pay due?
When employment ends, Illinois expects payment right away when that is workable. An employer must pay a separated employee's final compensation in full at the time of separation if possible, and in no case later than the next regularly scheduled payday for that employee .
Earned vacation is part of that final check. If an employment contract or employment policy provides for paid vacation and the employee resigns or is terminated without having taken all earned vacation time, the monetary equivalent of all earned vacation must be paid as part of final compensation at the employee's final rate of pay. No contract or policy may provide for forfeiture of earned vacation on separation .
A dispute over part of the pay does not put the rest on hold. In case of a dispute over wages, the employer must pay, without condition and within the time set by the Act, all wages or parts of wages it concedes to be due, leaving the employee all remedies otherwise available as to any balance claimed . Cashing that check does not give up the rest of the claim: acceptance by an employee of a disputed paycheck is not a release as to the balance of the claim, and any release or restrictive endorsement an employer requires as a condition of payment violates the Act and is void .
The timing rule and the vacation rule sit in the same section:
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D.1 820 ILCS 115/5Final compensation is due at separation if possible and no later than the next regularly scheduled payday.
Every employer shall pay the final compensation of separated employees in full, at the time of separation, if possible, but in no case later than the next regularly scheduled payday for such employee.
See 820 ILCS 115/5
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D.2 820 ILCS 115/5Earned but unused vacation must be paid as part of final compensation and cannot be forfeited by contract or policy.
whenever a contract of employment or employment policy provides for paid vacations, and an employee resigns or is terminated without having taken all vacation time earned in accordance with such contract of employment or employment policy, the monetary equivalent of all earned vacation shall be paid to him or her as part of his or her final compensation at his or her final rate of pay and no employment contract or employment policy shall provide for forfeiture of earned vacation time upon separation.
See 820 ILCS 115/5
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D.3 820 ILCS 115/9In a wage dispute the employer must pay the conceded amount without condition and on time, leaving the employee's remedies as to the balance.
In case of a dispute over wages, the employer shall pay, without condition and within the time set by this Act, all wages or parts thereof, conceded by him to be due, leaving to the employee all remedies to which he may otherwise be entitled as to any balance claimed.
See 820 ILCS 115/9
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D.4 820 ILCS 115/9Accepting a disputed paycheck is not a release, and an employer-required release or restrictive endorsement is void.
The acceptance by an employee of a disputed paycheck shall not constitute a release as to the balance of his claim and any release or restrictive endorsement required by an employer as a condition to payment shall be a violation of this Act and shall be void.
See 820 ILCS 115/9
What is the penalty for paying late?
Late pay carries a running monthly charge. An employee not timely paid wages, final compensation, or wage supplements may recover the underpayment plus damages of 5 percent of the underpayment for each month it remains unpaid, either through a claim filed with the Illinois Department of Labor or in a civil action, but not both .
Minimum wage and overtime shortfalls carry a heavier remedy. Under the Minimum Wage Law, an employee may recover in a civil action treble the amount of the underpayment, together with costs and reasonable attorney fees, plus damages of 5 percent of the underpayment for each month it remains unpaid .
Once an agency or court orders payment, more charges attach. An employer ordered to pay owes a non-waivable administrative fee to the Department of Labor of $500 if the amount owed is $3,000 or less, $750 if it is more than $3,000 but less than $10,000, and $1,250 if it is $10,000 or more . An employer that does not seek timely review and does not comply within 15 calendar days of a demand or within 35 days of an order also owes a penalty to the Department of 20 percent of the amount found owing and a penalty to the employee of 1 percent per calendar day of that amount for each day of delay .
Deliberate refusal to pay can become a crime. An employer or agent who is able to pay and under a duty to pay but willfully refuses, or falsely denies the amount or validity of the debt, with intent to secure an underpayment or to annoy, harass, oppress, hinder, delay, or defraud the person owed, is guilty of a Class B misdemeanor for amounts of $5,000 or less and a Class A misdemeanor for amounts over $5,000 . Each day the violation continues is a separate offense, and a repeat violation within two years of a prior conviction under that section is a Class 4 felony .
Other violations draw a flat penalty. An employer that fails to furnish a pay stub, or commits any other violation of the Wage Payment and Collection Act outside the provisions above, is subject to a civil penalty of up to $500 per violation payable to the Department .
Under the Minimum Wage Law, willful, repeated, or reckless conduct exposes the employer to a Department penalty of up to 20 percent of the total underpayment, plus an additional $1,500 penalty .
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E.1 820 ILCS 115/14(a)Employees may recover unpaid wages plus 5 percent monthly damages through a Department of Labor claim or a civil action, but not both.
Any employee not timely paid wages, final compensation, or wage supplements by his or her employer as required by this Act shall be entitled to recover through a claim filed with the Department of Labor or in a civil action, but not both, the amount of any such underpayments and damages of 5% of the amount of any such underpayments for each month following the date of payment during which such underpayments remain unpaid.
See 820 ILCS 115/14(a)
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E.2 820 ILCS 105/12(a)Minimum wage and overtime underpayments support treble damages, costs, attorney fees, and 5 percent monthly damages in a civil action.
the employee may recover in a civil action treble the amount of any such underpayments together with costs and such reasonable attorney's fees as may be allowed by the Court, and damages of 5% of the amount of any such underpayments for each month following the date of payment during which such underpayments remain unpaid.
See 820 ILCS 105/12(a)
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E.8 820 ILCS 105/12(a)Willful, repeated, or reckless minimum wage violations carry a Department penalty of up to 20 percent of the underpayment plus $1,500.
Such employer shall be liable to the Department of Labor for a penalty in an amount of up to 20% of the total employer's underpayment where the employer's conduct is proven by a preponderance of the evidence to be willful, repeated, or with reckless disregard of this Act or any rule adopted under this Act. Such employer shall be liable to the Department for an additional penalty of $1,500.
See 820 ILCS 105/12(a)
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E.3 820 ILCS 115/14(b)Employers ordered to pay wages owe a non-waivable administrative fee scaled to the amount owed.
Any employer who has been demanded or ordered by the Department or ordered by the court to pay wages, final compensation, or wage supplements due an employee shall be required to pay a non-waivable administrative fee to the Department of Labor in the amount of $500 if the amount ordered by the Department as wages owed is $3,000 or less; $750 if the amount ordered by the Department as wages owed is more than $3,000, but less than $10,000; and $1,250 if the amount ordered by the Department as wages owed is $10,000 or more.
See 820 ILCS 115/14(b)
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E.4 820 ILCS 115/14(b)Failure to comply with a wage demand or order adds a 20 percent Department penalty and a 1 percent per day penalty to the employee.
Any employer who has been so demanded or ordered by the Department or ordered by a court to pay such wages, final compensation, or wage supplements and who fails to seek timely review of such a demand or order as provided for under this Act and who fails to comply within 15 calendar days after such demand or within 35 days of an administrative or court order is entered shall also be liable to pay a penalty to the Department of Labor of 20% of the amount found owing and a penalty to the employee of 1% per calendar day of the amount found owing for each day of delay in paying such wages to the employee.
See 820 ILCS 115/14(b)
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E.5 820 ILCS 115/14(a-5)Willful refusal to pay wages is a Class B misdemeanor at $5,000 or less and a Class A misdemeanor above $5,000.
any employer or any agent of an employer, who, being able to pay wages, final compensation, or wage supplements and being under a duty to pay, willfully refuses to pay as provided in this Act, or falsely denies the amount or validity thereof or that the same is due, with intent to secure for himself or other person any underpayment of such indebtedness or with intent to annoy, harass, oppress, hinder, delay or defraud the person to whom such indebtedness is due, upon conviction, is guilty of: (1) for unpaid wages, final compensation or wage supplements in the amount of $5,000 or less, a Class B misdemeanor; or (2) for unpaid wages, final compensation or wage supplements in the amount of more than $5,000, a Class A misdemeanor.
See 820 ILCS 115/14(a-5)
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E.6 820 ILCS 115/14(a-5)Each day of violation is a separate offense and a repeat conviction within two years is a Class 4 felony.
Each day during which any violation of this Act continues shall constitute a separate and distinct offense. Any employer or any agent of an employer who violates this Section of the Act a subsequent time within 2 years of a prior criminal conviction under this Section is guilty, upon conviction, of a Class 4 felony.
See 820 ILCS 115/14(a-5)
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E.7 820 ILCS 115/14(d)Failure to furnish a pay stub or other violations carry a civil penalty of up to $500 per violation.
Except as provided under subsections (a), (b), and (c), an employer who fails to furnish an employee or former employee with a pay stub as required by this Act or commits any other violation of this Act shall be subject to a civil penalty of up to $500 per violation payable to the Department.
See 820 ILCS 115/14(d)
How often must workers be paid?
The baseline is twice a month. Every employer must pay each employee, at least semi-monthly, all wages earned during the semi-monthly pay period . Wages of executive, administrative, and professional employees, as defined in the federal Fair Labor Standards Act, may be paid once a month, and commissions may also be paid once a month .
There is also a deadline for getting the money out. Wages earned during a semi-monthly or bi-weekly pay period must be paid no later than 13 days after the end of the pay period in which they were earned .
Employers must give each employee a pay stub for every pay period, and must keep records of employee names and addresses and of wages paid each payday . A pay stub is an itemized statement showing hours worked, rate of pay, overtime pay and overtime hours worked, gross wages earned, deductions from wages, and year-to-date totals of wages and deductions .
Employers must also keep copies. A pay stub copy must be maintained for at least three years after the date of payment, whether the stub was furnished on paper or electronically, and regardless of whether the employment ends during that period .
Workers can ask for copies. An employer must furnish requested pay stub copies within 21 calendar days of the request and is not required to grant a request more than twice in a 12-month period . For a former employee, the employer is not required to grant a request more than twice in a 12-month period or more than one year after separation .
Two notice duties round this out. At hiring, employers must tell employees the rate of pay and the time and place of payment, in writing and acknowledged by both parties whenever possible, and must give notice of any change before it takes effect . Employers must also post at each regular place of business, where employees can easily see it, one or more notices of the regular paydays and the place and time of payment, on forms supplied by the Department of Labor containing a copy or summary of the Act .
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F.1 820 ILCS 115/3Employers must pay all wages earned at least semi-monthly.
Every employer shall be required, at least semi-monthly, to pay every employee all wages earned during the semi-monthly pay period.
See 820 ILCS 115/3
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F.2 820 ILCS 115/3Executive, administrative, and professional wages and commissions may be paid monthly.
Wages of executive, administrative and professional employees, as defined in the Federal Fair Labor Standards Act of 1939, may be paid once a month. Commissions may be paid once a month.
See 820 ILCS 115/3
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F.3 820 ILCS 115/4Wages earned in a semi-monthly or bi-weekly pay period must be paid within 13 days after the end of that period.
All wages earned by any employee during a semi-monthly or bi-weekly pay period shall be paid to such employee not later than 13 days after the end of the pay period in which such wages were earned.
See 820 ILCS 115/4
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F.5 820 ILCS 115/2The Act defines the itemized content a pay stub must reflect.
“Pay stub” means an itemized statement or statements reflecting an employee's hours worked, rate of pay, overtime pay and overtime hours worked, gross wages earned, deductions made from the employee's wages, and the total of wages and deductions year to date.
See 820 ILCS 115/2
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F.9 820 ILCS 115/10(a)Employers must notify employees at hiring of pay rate and time and place of payment, and of later changes.
Employers shall notify employees, at the time of hiring, of the rate of pay and of the time and place of payment. Whenever possible, such notification shall be in writing and shall be acknowledged by both parties. Employers shall also notify employees of any changes in the arrangements, specified above, prior to the time of change.
See 820 ILCS 115/10(a)
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F.4 820 ILCS 115/10(b)Employers must keep wage records and furnish each employee a pay stub for each pay period.
Employers shall keep records of names and addresses of all employees and of wages paid each payday, and shall furnish each employee with a pay stub for each pay period.
See 820 ILCS 115/10(b)
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F.6 820 ILCS 115/10(c)Employers must retain pay stub copies for at least three years after the date of payment.
An employer shall maintain a copy of an employee's pay stub for a period of not less than 3 years after the date of payment, regardless of whether the employee's employment ends during this period, whether the pay stub is furnished electronically or in paper form.
See 820 ILCS 115/10(c)
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F.7 820 ILCS 115/10(d)(1)Employers must furnish requested pay stub copies within 21 calendar days, limited to twice in a 12-month period.
The employer shall furnish the copy of the pay stubs to the employee within 21 calendar days of the employee's request. An employer is not required to grant an employee's request for a copy of pay stubs more than twice in a 12-month period.
See 820 ILCS 115/10(d)(1)
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F.8 820 ILCS 115/10(d)(2)Former employee pay stub requests are limited to twice in a 12-month period and to one year after separation.
An employer is not required to grant a former employee's request for a copy of pay stubs more than twice in a 12-month period or more than one year after the date of separation.
See 820 ILCS 115/10(d)(2)
Primary source · Primary law
F.10 820 ILCS 115/10(e)Employers must post notices of regular paydays and the place and time of payment on Department of Labor forms.
Every employer shall post and keep posted at each regular place of business in a position easily accessible to all employees one or more notices indicating the regular paydays and the place and time for payment of his employees, and on forms supplied from time to time by the Department of Labor containing a copy or summary of the provisions of this Act.
See 820 ILCS 115/10(e)
Employee or independent contractor?
Illinois starts from the presumption that a worker is an employee, and puts the burden on the hiring party to show otherwise.
Under the Wage Payment and Collection Act, an individual permitted to work by an employer is an employee unless all three of the following are true: the individual has been and will continue to be free from control and direction over the work, both under the contract of service and in fact; the work is either outside the usual course of the employer's business or performed outside all of the employer's places of business, unless the employer is in the business of contracting with third parties to place employees; and the individual is in an independently established trade, occupation, profession, or business .
Construction work has its own statute. Under the Employee Classification Act, an individual performing services for a contractor is deemed an employee of that contractor unless a list of conditions is shown, including that the individual has been and will continue to be free from control or direction over the performance of the service, both under the contract of service and in fact, and that the service performed is outside the usual course of services performed by the contractor .
Misclassification is itself a violation. Failing to designate an individual as an employee under Section 10 is a violation of the Act unless the employer or entity satisfies that section .
Sources for this answer
Primary source · Primary law
G.1 820 ILCS 115/2The Wage Payment and Collection Act treats any individual permitted to work as an employee unless a three-part independence test is met.
the term “employee” shall include any individual permitted to work by an employer in an occupation, but shall not include any individual: (1) who has been and will continue to be free from control and direction over the performance of his work, both under his contract of service with his employer and in fact; and (2) who performs work which is either outside the usual course of business or is performed outside all of the places of business of the employer unless the employer is in the business of contracting with third parties for the placement of employees; and (3) who is in an independently established trade, occupation, profession or business.
See 820 ILCS 115/2
Primary source · Primary law
G.2 820 ILCS 185/10(b)Individuals performing services for a contractor are presumed employees unless freedom from control and work outside the usual course of the contractor's services are shown.
An individual performing services for a contractor is deemed to be an employee of the contractor unless it is shown that: (1) the individual has been and will continue to be free from control or direction over the performance of the service for the contractor, both under the individual's contract of service and in fact;
See 820 ILCS 185/10(b)(1)
Primary source · Primary law
G.3 820 ILCS 185/10(b)(2)Rebutting the Employee Classification Act presumption requires showing the service is outside the usual course of services performed by the contractor.
(2) the service performed by the individual is outside the usual course of services performed by the contractor;
See 820 ILCS 185/10(b)(2)
Primary source · Primary law
G.4 820 ILCS 185/20Failing to designate an individual as an employee under Section 10 is itself a violation of the Employee Classification Act.
It is a violation of this Act for an employer or entity not to designate an individual as an employee under Section 10 of this Act unless the employer or entity satisfies the provisions of Section 10 of this Act.
See 820 ILCS 185/20
Is a tip credit allowed?
Illinois allows a partial tip credit against the minimum wage. In occupations where gratuities are customarily recognized as part of the pay, the employer is entitled to an allowance for gratuities as part of the hourly wage rate, capped at 40 percent of the applicable minimum wage rate . In practice, tips can cover no more than 40 percent of the minimum wage; the employer must make up the rest in wages.
The Minimum Wage Law builds this into its definition of wages, which includes allowances determined by the Director for gratuities and, when furnished by the employer, for meals and lodging actually used by the employee .
Tips belong to the worker. Gratuities to employees are the property of the employees, and employers may not keep gratuities . They must also be paid promptly: failing to pay gratuities owed to an employee more than 13 days after the end of the pay period in which they were earned violates the Wage Payment and Collection Act .
Two things stay permitted. The section does not prohibit an employer from withholding from gratuities paid by credit card a proportionate amount of any credit card processing fees the employer must pay in connection with the transaction , and it does not prohibit tip pooling as permitted by law .
Chicago and Cook County apply their own tipped-wage rules; those are covered in the local minimum wages question below.
Sources for this answer
Primary source · Primary law
H.1 820 ILCS 105/4(c)Illinois permits a gratuity allowance against the minimum wage of no more than 40 percent of the applicable rate.
Every employer of an employee engaged in an occupation in which gratuities have customarily and usually constituted and have been recognized as part of the remuneration for hire purposes is entitled to an allowance for gratuities as part of the hourly wage rate provided in Section 4, subsection (a) in an amount not to exceed 40% of the applicable minimum wage rate.
See 820 ILCS 105/4(c)
Primary source · Primary law
H.2 820 ILCS 105/3(b)The definition of wages includes Director-determined allowances for gratuities and for employer-furnished meals and lodging actually used.
“Wages” means compensation due to an employee by reason of his employment, including allowances determined by the Director in accordance with the provisions of this Act for gratuities and, when furnished by the employer, for meals and lodging actually used by the employee.
See 820 ILCS 105/3(b)
Primary source · Primary law
H.3 820 ILCS 115/4.1Gratuities are the property of employees and employers may not keep them.
Gratuities to employees are the property of the employees, and employers shall not keep gratuities.
See 820 ILCS 115/4.1
Primary source · Primary law
H.4 820 ILCS 115/4.1Failing to pay gratuities more than 13 days after the end of the pay period in which they were earned violates the Act.
Failure to pay gratuities owed to an employee more than 13 days after the end of the pay period in which such gratuities were earned constitutes a violation of this Act.
See 820 ILCS 115/4.1
Primary source · Primary law
H.5 820 ILCS 115/4.1The gratuity section permits proportionate withholding of credit card processing fees and does not prohibit lawful tip pooling.
This Section does not prohibit an employer from withholding from gratuities paid by credit card a proportionate amount of any credit card processing fees that the employer must pay in connection with the transaction
See 820 ILCS 115/4.1
Primary source · Primary law
H.6 820 ILCS 115/4.1The gratuity section does not prohibit tip pooling as permitted by law.
This Section does not prohibit tip pooling as permitted by law.
See 820 ILCS 115/4.1(b)
Do local minimum wages apply?
Yes. Chicago and suburban Cook County both set minimum wages above the $15 state rate. The figures here come from each government's own dated notice or page — the city's and the county's official summaries of their rules — and they change, so always confirm the current figure before setting pay.
In Chicago, according to the City of Chicago Office of Labor Standards notice of the laws changing on July 1, 2026, the minimum wage increased from $16.60 to $17.05 per hour, based on a cap of 2.5 percent of the increase of the Consumer Price Index, rounded up to the nearest $0.05 . The notice's rate table, effective July 1, 2026, lists a $17.05 minimum wage for standard employers and $12.96 for tipped workers, with overtime minimums of $25.58 and $21.49 . If the tipped wage plus tips does not equal the minimum wage, the employer must make up the difference . The tipped minimum wage credit will remain at 24 percent for all employers through June 30, 2028 . Under the same Chicago notice, all domestic workers and youth workers must receive at least the full $17.05 minimum wage . Chicago publishes updated rates each July 1, so check the current year's notice before relying on a figure.
Cook County publishes its own rates. According to the Cook County Minimum Wage Ordinance page, updated July 2026, the county minimum wage as of July 1, 2026 is $15.40 per hour for non-tipped employees and $9.25 per hour for tipped employees . The county rate is set by a greatest-of formula: the greatest of the federal minimum wage, the Illinois state minimum wage, or the county's calculation using the Consumer Price Index . Tipped workers have a make-up right here too: if, over any seven-day period, a tipped employee's tips plus tipped wages are less than the full minimum wage, the employer must pay the difference .
Location decides which rule applies. The county page states that if a municipality has passed its own minimum wage, like the City of Chicago, then the municipality's minimum wage applies to employers located within or doing business in the municipality , and the list of municipalities that do not follow the county ordinance changes frequently . Confirm the rate with the municipality where the work is performed before setting pay.
Sources for this answer
Official source · Agency guidance
I.1 City of Chicago OLS notice, July 1, 2026PDFThe City of Chicago Office of Labor Standards reports the Chicago minimum wage rose from $16.60 to $17.05 per hour effective July 1, 2026 under a Consumer Price Index methodology.
The Chicago minimum wage increased from $16.60 to $17.05 per hour based on a cap of 2.5% of the increase of the Consumer Price Index, then rounded up to the nearest $0.05.
See City of Chicago, Office of Labor Standards notice, July 1, 2026
Official source · Agency guidance
I.2 City of Chicago OLS notice, July 1, 2026PDFThe Office of Labor Standards rate table effective July 1, 2026 lists a $17.05 minimum wage and $12.96 tipped minimum wage for employers with 4 or more employees, with overtime minimums of $25.58 and $21.49.
July 1, 2026, Effective Date Standard Employer 4 or more employees Tipped Workers 4 or more employees Min Wage $17.05 $12.96 Overtime Min Wage $25.58 $21.49
See City of Chicago, Office of Labor Standards notice, July 1, 2026 (rate table)
Official source · Agency guidance
I.3 City of Chicago OLS notice, July 1, 2026PDFIf a tipped worker's wage plus tips does not equal the Chicago minimum wage, the employer must make up the difference.
If the tipped wage plus tips does not equal the minimum wage, the Employer must make up the difference.
See City of Chicago, Office of Labor Standards notice, July 1, 2026
Official source · Agency guidance
I.5 City of Chicago OLS notice, July 1, 2026PDFAll domestic workers and youth workers must receive at least the full $17.05 Chicago minimum wage.
All Domestic Workers and Youth Workers must receive at least the $17.05 minimum wage.
See City of Chicago, Office of Labor Standards notice, July 1, 2026
Official source · Agency guidance
I.4 City of Chicago OLS notice, July 1, 2026PDFThe Office of Labor Standards states the tipped minimum wage credit stays at 24 percent for all employers through June 30, 2028.
The tipped minimum wage credit will remain at 24% for all employers through June 30, 2028.
See City of Chicago, Office of Labor Standards notice, July 1, 2026
Official source · Agency guidance
I.6 Cook County MWO page, July 2026Cook County reports a $15.40 minimum wage for non-tipped employees and $9.25 for tipped employees as of July 1, 2026.
As of July 1, 2026, the minimum wage in Cook County is $15.40 per hour for non-tipped employees and $9.25 per hour for tipped employees.
See Cook County Minimum Wage Ordinance page, updated July 2026
Official source · Agency guidance
I.7 Cook County MWO page, July 2026Cook County describes its minimum wage as the greatest of the federal rate, the Illinois rate, or its own Consumer Price Index calculation.
Cook County’s minimum wage is based on the greatest rate among the Federal minimum wage, Illinois State minimum wage, or the County’s calculation using the Consumer Price Index (CPI).
See Cook County Minimum Wage Ordinance page, updated July 2026
Official source · Agency guidance
I.9 Cook County MWO page, July 2026Cook County states that a municipality's own minimum wage governs employers there and that the list of non-participating municipalities changes frequently.
No, if a municipality has passed their own minimum wage (like the City of Chicago) then the municipality’s minimum wage applies to employers located within or doing business in the municipality.
See Cook County Minimum Wage Ordinance page, updated July 2026
Official source · Agency guidance
I.10 Cook County MWO page, July 2026Cook County warns that the list of municipalities that do not follow the Minimum Wage Ordinance changes frequently.
The list of municipalities that do not follow the MWO changes frequently.
See Cook County Minimum Wage Ordinance page, updated July 2026
Official source · Agency guidance
I.8 Cook County MWO page, July 2026Cook County requires employers to make up the difference when a tipped employee's tips plus wages fall below the full minimum wage over any seven-day period.
If, over any seven-day period, a tipped employee’s tips plus tipped wages are less than the full minimum wage, the employer must pay the difference.
See Cook County Minimum Wage Ordinance page, updated July 2026
How is it enforced?
To use the administrative route under the Wage Payment and Collection Act, an employee files a signed, completed wage claim application on the Department of Labor form with copies of supporting documentation. Complaints must be filed within one year after the wages, final compensation, or wage supplements were due .
The Department has real investigative tools. It may investigate and try to equitably adjust wage disputes, and through the Director of Labor or a designee it may administer oaths, subpoena and examine witnesses, and issue subpoenas requiring production of books, papers, records, and documents relevant to the dispute .
The Department can also take the case on. It may take assignments of wage claims in the name of the Director of Labor and prosecute actions for the collection of wages for persons financially unable to prosecute such claims, when in the Department's judgment the claims are valid and enforceable in the courts .
Employees can also go straight to court. Any employee aggrieved by a violation of the Act or its rules may file suit in an Illinois circuit court, in the county where the violation occurred or where an employee party resides, without regard to exhausting any alternative administrative remedies . The two routes do not stack: an employee may recover the underpayment and monthly damages through a Department claim or a civil action, but not both .
Retaliation has its own remedy. An employee unlawfully retaliated against may recover all appropriate legal and equitable relief, through a Department claim or a civil action but not both, and in a civil action also recovers costs and all reasonable attorney fees .
Deadlines differ by statute, so watch which one applies. A Minimum Wage Law action for underpayments must be brought within three years from the date of the underpayment . A separate subsection covers recovery by the state: if an employee has not collected damages under subsection (a) for the same violation, the Director of Labor is authorized to supervise payment of the unpaid wages and may bring any legal action necessary to recover them , and that action shall be brought within five years from the date of the failure to pay .
There is a longer outer limit for court actions under the Wage Payment and Collection Act. Illinois' general limitation statute provides that actions on written contracts and other written evidences of indebtedness, and actions brought under the Illinois Wage Payment and Collection Act, must be commenced within 10 years after the cause of action accrued . That ten-year outer limit is a separate deadline from the one-year window for filing a complaint with the Department described above, so missing the agency deadline is not necessarily the end of a court case.
Federal law adds a parallel remedy. Under the federal Fair Labor Standards Act, an employer that violates the federal minimum wage or overtime sections is liable to the affected employees for their unpaid minimum wages or unpaid overtime compensation, and an additional equal amount as liquidated damages . Such an action may be maintained against any employer, including a public agency, in any Federal or State court of competent jurisdiction, by one or more employees for themselves and other employees similarly situated . The court must also allow a reasonable attorney's fee to be paid by the defendant, plus costs of the action .
Sources for this answer
Primary source · Primary law
J.1 820 ILCS 115/11Wage claims are filed with the Department on its form within one year after the wages were due.
An employee may file a complaint with the Department alleging violations of the Act by submitting a signed, completed wage claim application on the form provided by the Department and by submitting copies of all supporting documentation. Complaints shall be filed within one year after the wages, final compensation, or wage supplements were due.
See 820 ILCS 115/11
Primary source · Primary law
J.2 820 ILCS 115/11(a)The Department may investigate wage disputes and has subpoena and oath-administering powers.
To investigate and attempt equitably to adjust controversies between employees and employers in respect of wage claims arising under this Act and to that end the Department through the Director of Labor or any other person in the Department of Labor designated by him or her, shall have the power to administer oaths, subpoena and examine witnesses, to issue subpoenas duces tecum requiring the production of such books, papers, records and documents as may be evidence of any matter under inquiry and to examine and inspect the same as may relate to the question in dispute.
See 820 ILCS 115/11(a)
Primary source · Primary law
J.3 820 ILCS 115/11(b)The Department may take assignments of wage claims and prosecute collection actions for claimants financially unable to do so.
To take assignments of wage claims in the name of the Director of Labor and his or her successors in office and prosecute actions for the collection of wages for persons financially unable to prosecute such claims when in the judgment of the Department such claims are valid and enforceable in the courts.
See 820 ILCS 115/11(b)
Primary source · Primary law
J.4 820 ILCS 115/11Aggrieved employees may sue in Illinois circuit court without exhausting administrative remedies.
Any employee aggrieved by a violation of this Act or any rule adopted under this Act may file suit in circuit court of Illinois, in the county where the alleged violation occurred or where any employee who is party to the action resides, without regard to exhaustion of any alternative administrative remedies provided in this Act.
See 820 ILCS 115/11
Primary source · Primary law
J.5 820 ILCS 115/14(a)Recovery of underpayments and monthly damages is available through a Department claim or a civil action, but not both.
Any employee not timely paid wages, final compensation, or wage supplements by his or her employer as required by this Act shall be entitled to recover through a claim filed with the Department of Labor or in a civil action, but not both, the amount of any such underpayments and damages of 5% of the amount of any such underpayments for each month following the date of payment during which such underpayments remain unpaid.
See 820 ILCS 115/14(a)
Primary source · Primary law
J.6 820 ILCS 115/14(c)Employees unlawfully retaliated against may recover full legal and equitable relief, plus costs and attorney fees in a civil action.
An employee who has been unlawfully retaliated against shall be entitled to recover through a claim filed with the Department of Labor or in a civil action, but not both, all legal and equitable relief as may be appropriate. In a civil action, such employee shall also recover costs and all reasonable attorney's fees.
See 820 ILCS 115/14(c)
Primary source · Primary law
J.7 820 ILCS 105/12(a)Actions under this subsection must be brought within three years from the date of the underpayment.
Every such action shall be brought within 3 years from the date of the underpayment.
See 820 ILCS 105/12(a)
Primary source · Primary law
J.8 820 ILCS 105/12(b)When an employee has not collected damages under subsection (a), the Director may supervise payment of unpaid wages and bring an action to recover them.
If an employee has not collected damages under subsection (a) for the same violation, the Director is authorized to supervise the payment of the unpaid minimum wages and the unpaid overtime compensation owing to any employee or employees under Sections 4 and 4a of this Act and may bring any legal action necessary to recover the amount of the unpaid minimum wages and unpaid overtime compensation and an equal additional amount as damages, and the employer shall be required to pay the costs incurred in collecting such claim.
See 820 ILCS 105/12(b)
Primary source · Primary law
J.9 820 ILCS 105/12(b)An action under this subsection must be brought within five years from the date of the failure to pay.
The action shall be brought within 5 years from the date of the failure to pay the wages or compensation.
See 820 ILCS 105/12(b)
Primary source · Primary law
J.10 735 ILCS 5/13-206Illinois' general ten-year limitation statute expressly covers actions on written contracts and actions brought under the Illinois Wage Payment and Collection Act.
Except as provided in Section 2-725 of the “Uniform Commercial Code”, actions on bonds, promissory notes, bills of exchange, written leases, written contracts, or other evidences of indebtedness in writing and actions brought under the Illinois Wage Payment and Collection Act shall be commenced within 10 years next after the cause of action accrued
See 735 ILCS 5/13-206
Primary source · Primary law
J.11 29 U.S.C. 216(b)Employers violating the federal minimum wage or overtime provisions are liable for the unpaid amounts plus an equal amount as liquidated damages.
Any employer who violates the provisions of section 206 or section 207 of this title shall be liable to the employee or employees affected in the amount of their unpaid minimum wages, or their unpaid overtime compensation, as the case may be, and in an additional equal amount as liquidated damages.
See 29 U.S.C. 216(b)
Primary source · Primary law
J.12 29 U.S.C. 216(b)A federal Fair Labor Standards Act action may be maintained in any Federal or State court of competent jurisdiction by employees on behalf of themselves and others similarly situated.
An action to recover the liability prescribed in the preceding sentences may be maintained against any employer (including a public agency) in any Federal or State court of competent jurisdiction by any one or more employees for and in behalf of himself or themselves and other employees similarly situated.
See 29 U.S.C. 216(b)
Primary source · Primary law
J.13 29 U.S.C. 216(b)A prevailing plaintiff is allowed a reasonable attorney's fee paid by the defendant plus costs of the action.
The court in such action shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney's fee to be paid by the defendant, and costs of the action.
See 29 U.S.C. 216(b)