Illinois Wage Laws

Wage and hour laws are complex. Many employees may not even be aware of these laws and how they affect wages, benefits and more. Employers are bound by state and federal laws when it comes to their employees. This helps ensure that employees are receiving what they have a right to and that their wages are paid correctly and on time.

What Is the Minimum Wage in Illinois?

The minimum wage in the state of Illinois is $8.25, which is higher than the federal minimum wage. This wage applies to employees who are 18 years old or older. The minimum wage for tipped employees is $4.65 an hour if an employer is taking credit for 40 percent of wages. During the first 90 days of employment, the minimum wage if $7.75 an hour. This applies to tipped employees if the employer is not taking the tip credit.

When Is Overtime Pay Required?

If an employee works more than 40 hours in a workweek, then he or she is due overtime pay. However, it is up to your employee and the company policies as to what is considered a work-week.

Who Is Exempt from Overtime Pay?

There are certain employees that will not receive overtime pay because they are considered exempt. These include:

It can be confusing to know all of the ins and outs of overtime pay. If you believe you are due overtime wages, then the advice of an Illinois employment lawyer can be very helpful.

Do I Qualify as an Administrator, Executive or Professional Employee?

There are two tests to determine whether someone is considered an administrator, executive or professional employee. First, an employee must be considered salaried. Second, your primary work duties have to be exempt. If you are unsure if you meet these tests, then it is best to consult the Department of Justice or an experienced employment attorney.

Is It Legal for My Employee to Give Me "Comp Time" Instead of Overtime Pay?

No. According to Illinois state law, "comp time" in place of overtime wages is not legal. If your employers will not pay you overtime pay, then it is important that you speak with someone knowledgeable about Illinois employment laws.

As you can see, the laws governing Illinois wage and hours are complex. Some employers rely on employees not knowing all the laws or what rights they might have. This can allow unscrupulous employers to keep more of your hard-earned money. If you feel your employment rights in Illinois have been violated, an attorney can provide more information on your legal options.

  • Agricultural labor
  • Car, truck or farming implement mechanics and salesmen
  • Employees that receive a commission that is defined by the Fair Labor Standards Act
  • Radio or television employees employed within a city with less than 100,000 citizens
  • Administrative, executive or professional employees that are defined by the Fair Labor Standards Act
  • Some employees of residential childcare or educational institutions
  • Employees whose hours of work are part of a workplace exchange agreement

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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