State labor lawRead at source, 24 September 2026

Illinois Labor Laws for Employers (2026): Breaks, Overtime, Paid Leave and Hiring

Illinois goes beyond federal law on breaks, leave and hiring. Adults get a 20-minute meal period on a 7.5-hour shift and 24 hours of rest in every seven days, but overtime is weekly only, after 40 hours. Every employee earns paid leave for any reason, up to 40 hours a year (Chicago and Cook County run their own leave rules). Final pay, including earned vacation, is due by the next regular payday whether the employee quits or is fired. Employers with 15 or more employees must put the pay scale and benefits in job postings and wait until the interview stage to ask about criminal history, and the Equal Pay Act bars asking applicants for their salary history.

Illinois employment law at a glance

Illinois spreads its rules across several short statutes, most enforced by the Illinois Department of Labor (IDOL): the Minimum Wage Law, the One Day Rest in Seven Act, the Wage Payment and Collection Act, the Paid Leave for All Workers Act, the Equal Pay Act of 2003 and the Job Opportunities for Qualified Applicants Act. Chicago and Cook County add their own wage and leave ordinances on top. The table is the short version.

Illinois break laws

Meal periods for adults. Under the One Day Rest in Seven Act (820 ILCS 140), IDOL says employees "must also be given a meal period of at least 20 minutes for every 7.5-hour shift beginning no later than 5 hours after the start of the shift, with an additional 20-minute meal period for every additional 4.5 continuous hours worked." In IDOL's own FAQ terms, a 12-hour shift earns a second 20-minute break. An employer "may not force an employee to work through a meal break," and if an employee does work through one, it must be paid.

Rest breaks and restrooms. Illinois has no general paid rest break for adults. Employees must get "reasonable restroom breaks" that don't count against the meal period. Hotel room attendants have separate break rules in 820 ILCS 140/3.1. Short breaks you choose to give are paid under federal law (29 CFR 785.18).

A day of rest. The same Act requires at least 24 hours of rest in every consecutive seven-day period. An employer can apply to IDOL for a permit to let volunteers work a seventh day. Penalties run up to $250 per offense for employers with fewer than 25 employees and up to $500 for larger employers, and each missed meal period or day off is a separate offense (IDOL FAQ).

Minors. Illinois employers must give workers under 16 a minimum 30-minute meal break for every five hours worked (IDOL child labor guide). Our child labor laws by state page covers the hour limits.

Lactation. The Nursing Mothers in the Workplace Act (820 ILCS 260) requires reasonable break time to express milk for one year after the child's birth, paid at the employee's regular rate, and employers can't require the employee to use paid leave for it. The federal PUMP Act also requires a private space other than a bathroom.

Illinois overtime laws

Illinois overtime is weekly. Non-exempt employees get time and a half for hours over 40 in a workweek (820 ILCS 105/4a), and IDOL's FAQ confirms there's no premium for Sundays or holidays unless the hours push someone past 40 or your policy promises one. There is no daily overtime, so a 12-hour shift in a 36-hour week costs no premium.

• Exemptions track federal law for executive, administrative and professional employees, and Illinois lists others, including agricultural labor, some dealership sales and service staff, and commissioned employees defined under FLSA section 7(i). Illinois doesn't set its own salary threshold; see exempt vs. non-exempt.
• Comp time in place of overtime pay "is not legal in the private sector" (IDOL).
• Mandatory overtime is allowed, as long as it doesn't breach the day-of-rest rule.

Chicago's Fair Workweek ordinance adds scheduling rules (advance notice, rest between shifts, predictability pay) for covered industries in the city; see our fair workweek laws and predictive scheduling pages.

Paying employees in Illinois

Minimum wage

The Illinois minimum wage is $15.00 an hour for workers 18 and older, in effect since January 1, 2025, with no further statewide increase scheduled. Tipped employees can be paid $9.00 with a tip credit of up to 40%. Workers under 18 can be paid $13.00 until they've worked 650 hours for the employer in a year, and IDOL allows $14.50 for non-tipped adults in their first 90 days (IDOL FAQ). Chicago ($17.05 for employers with four or more employees) and Cook County ($15.40) run higher from July 1, 2026. Our Illinois minimum wage page has the local detail.

Paydays

Wages must be paid at least semi-monthly and no later than 13 days after the end of the pay period. Executive, administrative and professional employees, and commissions, can be paid monthly (IDOL FAQ). You can lower a pay rate only if you tell the employee before they do the work, and never below the minimum wage.

Final paychecks

Illinois uses the same rule for quits and firings: final compensation is due "at the time of separation, if possible, but in no event later than the next regularly scheduled payday" (820 ILCS 115/5). Final compensation includes earned bonuses, commissions and "the monetary equivalent of earned vacations." IDOL's vacation FAQ says a policy can't forfeit earned vacation at separation; our PTO payout laws by state page explains the use-it-or-lose-it nuance. Leave earned under the Paid Leave for All Workers Act, by contrast, doesn't have to be paid out.

Deductions

The Wage Payment and Collection Act prohibits deductions from wages or final pay without the employee's consent, with limited exceptions. Get the employee's written consent for anything beyond taxes and legally required withholding.

Illinois hiring laws

Illinois regulates the hiring process more than most states. Before the first shift, check each of these:

• Pay in job postings. Since January 1, 2025, employers with 15 or more employees must include "the pay scale and benefits" in every specific job posting, internal or external, for work performed at least partly in Illinois or reporting to an Illinois supervisor or site (820 ILCS 112/10(b-25)). A hyperlink to a public page with the information satisfies the rule. If you use a third party, such as a job board or an ad agency, the rule applies to what they publish. When you post externally, you must also make the opportunity known to current employees within 14 days (IDOL).
• Salary history. Employers can't screen applicants on pay history, require it as a condition of being considered, or seek it from a current or former employer (820 ILCS 112/10(b-5), (b-10)).
• Criminal history. Employers with 15 or more employees can't ask about or consider criminal records until the applicant has been found qualified and told they're selected for an interview, or, without an interview, until after a conditional offer (820 ILCS 75). Positions where federal or state law excludes people with certain convictions are exempt. The Illinois Human Rights Act separately limits using conviction records in employment decisions (IDHR). See ban the box laws by state.
• AI in hiring. Since January 1, 2026, the Illinois Human Rights Act covers discrimination through artificial intelligence used in employment decisions, for employers with one or more Illinois employees for 20 or more weeks a year. The Department of Human Rights' proposed rules would require notice to applicants, including in job postings, and list examples such as resume screening and "using AI to direct certain job advertisements or recruiting materials to targeted groups or areas" (IDHR presentation, April 2026). Check IDHR for the final rules.
• E-Verify. Not required for private employers. Complete Form I-9 for every hire.
• New-hire reporting. Report new employees within 20 days of their first day on payroll (IDES). See new hire reporting requirements.
• Minors. Workers under 16 need an employment certificate from their school or school district before starting; IDOL doesn't issue them (IDOL FAQ).
• Non-competes. The Illinois Freedom to Work Act voids non-compete agreements for employees earning $75,000 a year or less, and non-solicitation agreements for those earning $45,000 or less. The thresholds rise to $80,000 and $47,500 on January 1, 2027 (820 ILCS 90/10). Most hourly workers are below both.
• Cannabis. Illinois protects lawful off-duty use of lawful products, including cannabis, with exceptions; see drug testing laws by state.

Paid leave in Illinois

The Paid Leave for All Workers Act took effect January 1, 2024 and covers employers of every size. According to IDOL's FAQ:

• Employees earn at least 1 hour for every 40 hours worked, up to 40 hours in a 12-month period, or you can front-load the year's leave.
• They can start using it after 90 days of employment, for any reason.
• You can't ask for the reason or for documentation, require a replacement, or count the leave under a no-fault attendance policy. You can set a reasonable written notice policy and a minimum increment of no more than two hours.
• Unused leave carries over, but it doesn't have to be paid out at separation.

Chicago and Cook County employers follow their local ordinances instead. In Chicago, employees earn one hour of paid leave and one hour of paid sick leave for every 35 hours worked, each capped at 40 hours in a 12-month period (City of Chicago). Cook County has its own paid leave ordinance for suburban employers. Larger employers also have unpaid leave obligations, including the federal FMLA at 50 employees.

Posters and records

IDOL publishes the required state notices, including the Paid Leave for All Workers notice in several languages, on its required posters page. Chicago and Cook County employers post local minimum wage and leave notices too, and Chicago requires a notice with the first paycheck. Under the Equal Pay Act, keep records of each employee's wages, the pay scale and benefits for each position, and each job posting, for at least five years (IDOL). See labor law posters by state.

Local ordinances in Illinois

Illinois lets local governments set higher minimum wages and their own leave rules, and the two biggest ones do:

• Chicago: $17.05 minimum wage and $12.96 tipped wage for employers with four or more employees from July 1, 2026, adjusted every July 1 by CPI or 2.5%, whichever is lower (City of Chicago); paid leave and paid sick leave; Fair Workweek scheduling rules.
• Cook County: $15.40 minimum wage and $9.25 tipped wage from July 1, 2026 (Cook County), and a county paid leave ordinance.

Outside those two, the statewide rules apply.

What this means when you're hiring hourly workers in Illinois

In Illinois the job ad itself is regulated. If you have 15 or more employees, the pay scale and benefits have to be in the posting, and if you use AI tools to target or screen, notice rules are coming. The good news is that the legal requirement and the best practice point the same way: put the hourly rate, the shift and the town in the first line. For a Chicago or Cook County job, price it off the local rate, not $15.00. Keep screening questions free of criminal history and pay history, keep the application short enough to finish on a phone, and follow up the same day. In Boostpoint's 2026 benchmark of 891 Meta job campaigns, 70% of the difference in cost per applicant between campaigns came from what happened after the click. Our pay transparency laws by state and job ad copywriting guides show how to write the range so it helps you.

Frequently asked questions

Rules read at the Illinois Department of Labor, IDES, IDHR, the City of Chicago and Cook County, 24 September 2026. General information, not legal advice.