Employment Laws Illinois Employees Should Know

Navigating the workplace can be tricky, but understanding your rights as an employee is a powerful tool for ensuring fair treatment. In Illinois, a combination of state and federal laws governs employment, offering protections against discrimination, ensuring fair wages, and providing benefits like leave. Here's a rundown of the most important employment laws you should know.

1. Illinois Minimum Wage Law

Illinois has been steadily increasing its minimum wage. As of January 1, 2025, the state's minimum wage is $15 per hour for most employees (under the Minimum Wage Law amendments passed in 2019). For tipped workers, like servers or bartenders, the minimum cash wage is $9 per hour, with tips expected to bring total earnings to at least $15 per hour. If tips fall short, employers must make up the difference.

• Key takeaway: check your paystub. If you're not earning at least the minimum wage, or if you're a tipped worker and your combined wages don't meet $15 per hour, you may have a claim.
• For teens: workers under 18 who work fewer than 650 hours per year can be paid a subminimum wage of $13 per hour, but this applies only in limited cases.

2. Paid Leave for All Workers Act

Since January 1, 2024, Illinois employees have been entitled to paid leave under the Paid Leave for All Workers Act. Workers earn at least 40 hours of paid leave per year (accrued at 1 hour for every 40 hours worked) to use for any reason, with no doctor's note required. It applies to most employees, though some exceptions exist.

• Key takeaway: whether you're sick, caring for a family member, or need a mental health day, you're entitled to this time. Check your employer's policy, as employers can offer more than the minimum.

3. Illinois Wage Payment and Collection Act (IWPCA)

The IWPCA ensures you get paid what you're owed, on time. It requires employers to pay wages at least semi-monthly and covers not just hourly pay but also bonuses, commissions, and accrued vacation time if promised in your employment agreement. If you're fired or quit, your final paycheck, including any earned but unused vacation pay, must be provided by your next regular payday.

• Key takeaway: late paychecks or withheld wages? The IWPCA allows you to file a claim with the Illinois Department of Labor (IDOL) to recover what's yours, plus potential penalties.

4. One Day Rest in Seven Act (ODRISA)

Illinois law guarantees most employees at least 24 consecutive hours of rest every seven days. If you work more than 7.5 hours in a shift, you're also entitled to a 20-minute meal break within the first 5 hours.

• Key takeaway: if your employer schedules you seven days straight with no day of rest, they may be breaking the law. Exceptions exist for emergencies and certain industries, but they're narrow.

5. Family and Medical Leave (federal FMLA and Illinois additions)

The federal Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid, job-protected leave per year for serious health conditions, childbirth, or caring for a family member. It applies to employers with 50 or more employees if you've worked there for at least a year and logged 1,250 hours. Illinois doesn't have a standalone state FMLA, but laws like the Victims' Economic Security and Safety Act (VESSA) add protections, offering unpaid leave for survivors of domestic violence and other violent crimes.

• Key takeaway: need time off for a major life event? Check whether you qualify for FMLA or VESSA, and don't let your employer pressure you into skipping it.

6. Illinois Equal Pay Act

The Illinois Equal Pay Act prohibits wage discrimination based on sex or race for jobs requiring equal skill, effort, and responsibility. It's stricter than the federal Equal Pay Act, applying to employers with four or more employees, and recent amendments require larger companies to disclose pay data to promote transparency.

• Key takeaway: suspect you're underpaid compared to a coworker doing the same job? You might have a case. Talk to HR or a lawyer.

7. Workplace Transparency Act (WTA)

Passed in 2019, the WTA prevents employers from forcing employees into overly restrictive nondisclosure agreements about harassment or discrimination. It also requires annual sexual harassment prevention training for most employers.

• Key takeaway: you can speak out about workplace misconduct without an NDA silencing you, and your employer should be training you on your rights.

Final thoughts

Illinois employment laws are designed to protect workers, but they only work if you know them. Keep an eye on your pay, hours, and treatment at work, and speak up if something feels off. If you need assistance, McGregor Dunn Law LLC can help.