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Illinois Employment Law: Wages, Final Pay, Breaks and Your Rights at Work

Illinois employment law: minimum wage, overtime, breaks, final paycheck deadlines, PTO payout, sick leave, at-will exceptions and where to file a wage claim.

Quick answers for Illinois

Minimum wage
$15.00 per hour for workers 18 and older, in effect since January 1, 2025. Workers under 18 who work fewer than 650 hours a year may be paid $13.00 per hour. 820 ILCS 105/4; Illinois Department of Labor, Minimum Wage Law
Final paycheck if fired or laid off
At the time of separation if possible, and no later than the next regularly scheduled payday. If the employee asks in writing, the final check must be mailed. 820 ILCS 115/5
Meal and rest breaks
Employees working 7½ continuous hours or more must get a meal break of at least 20 minutes, starting no later than 5 hours into the work period, plus another 20-minute meal break for each additional 4½ continuous hours. 820 ILCS 140/3 (One Day Rest in Seven Act)
Unused vacation / PTO payout
Yes. If an employment contract or policy provides paid vacation, all earned, unused vacation must be paid at the final rate of pay when the employee quits or is fired, and no contract or policy can forfeit it (unless a collective bargaining agreement provides otherwise). 820 ILCS 115/5

Last verified: 2026-10-26

Pay

Minimum wage$15.00 per hour for workers 18 and older, in effect since January 1, 2025. Workers under 18 who work fewer than 650 hours a year may be paid $13.00 per hour. The state law applies to employers with 4 or more employees (not counting family members). Some local governments may set higher minimum wages.
No further statewide increase is scheduled in state law.
Source: 820 ILCS 105/4; Illinois Department of Labor, Minimum Wage Law
Tipped minimum wageEmployers may pay tipped employees 60% of the minimum wage ($9.00 per hour), taking a tip credit of up to 40%, but only with proof that the employee actually received enough tips to reach the full minimum wage.
Source: 820 ILCS 105/4(c); Illinois Department of Labor, Minimum Wage Law
OvertimeTime-and-a-half after 40 hours in a workweek. No general daily overtime rule.
Source: 820 ILCS 105/4a
How often you must be paidAt least twice a month (semi-monthly). Executive, administrative and professional employees, and commissions, may be paid monthly. On written request, wages can be paid weekly in a single check.
Source: 820 ILCS 115/3
Pay stubsRequired for each pay period. Employers must keep copies for at least 3 years and must give current and former employees copies of past pay stubs within 21 calendar days of a request. Employers must also tell new hires their pay rate and the time and place of payment, in writing when possible.
Source: 820 ILCS 115/10

Breaks and leave

Meal and rest breaksEmployees working 7½ continuous hours or more must get a meal break of at least 20 minutes, starting no later than 5 hours into the work period, plus another 20-minute meal break for each additional 4½ continuous hours. Hotel room attendants (in counties over 3 million people) get two paid 15-minute rest breaks and a 30-minute meal break on days of 7 or more hours.
Source: 820 ILCS 140/3 (One Day Rest in Seven Act)
Paid sick leaveYes. Under the Paid Leave for All Workers Act, workers earn 1 hour of paid leave for every 40 hours worked, up to 40 hours a year, and can use it for any reason without giving the employer a reason. Workers in Chicago and Cook County are covered by local paid leave ordinances instead.
Source: 820 ILCS 192 (Paid Leave for All Workers Act); Illinois Department of Labor

Leaving a job

Final paycheck if fired or laid offAt the time of separation if possible, and no later than the next regularly scheduled payday. If the employee asks in writing, the final check must be mailed.
Source: 820 ILCS 115/5
Final paycheck if you quitSame as for firing: at separation if possible, and no later than the next regularly scheduled payday.
Source: 820 ILCS 115/5
Unused vacation / PTO payoutYes. If an employment contract or policy provides paid vacation, all earned, unused vacation must be paid at the final rate of pay when the employee quits or is fired, and no contract or policy can forfeit it (unless a collective bargaining agreement provides otherwise).
Source: 820 ILCS 115/5
Unemployment benefitsApply for regular unemployment insurance benefits online with the Illinois Department of Employment Security (IDES), and certify for benefits on time after filing.
Source: Illinois Department of Employment Security, Unemployment

Firing, retaliation and discrimination

Whistleblower and retaliation protectionThe Illinois Whistleblower Act bars retaliation against employees who disclose, or threaten to disclose, information they believe in good faith shows a violation of law or a substantial and specific danger to employees, public health or safety, whether to a government or law enforcement agency, in a court or public proceeding, or internally to a supervisor or company officer.
Source: 740 ILCS 174/15
Job discrimination complaintsIllinois Department of Human Rights (IDHR). Most charges must be filed within 2 years of the discrimination. IDHR aims to finish its investigation within 365 days after the charge is filed.
Source: Illinois Human Rights Act; Illinois Department of Human Rights, Charge Process
Non-compete agreementsBanned for employees earning $75,000 a year or less; customer/employee non-solicitation agreements are banned for employees earning $45,000 or less. Agreements that violate these limits are void. Other limits apply, including for workers laid off due to COVID-19 or similar circumstances.
Scheduled change: on January 1, 2027, the thresholds rise to $80,000 (non-competes) and $47,500 (non-solicits); further increases follow in 2032 and 2037.
Source: 820 ILCS 90/10 (Illinois Freedom to Work Act)

Where to get help in Illinois

Employment Law FAQ

What is the minimum wage in Illinois?
$15.00 per hour for workers 18 and older, in effect since January 1, 2025. Workers under 18 who work fewer than 650 hours a year may be paid $13.00 per hour. The state law applies to employers with 4 or more employees (not counting family members). Some local governments may set higher minimum wages.
What is the tipped minimum wage in Illinois?
Employers may pay tipped employees 60% of the minimum wage ($9.00 per hour), taking a tip credit of up to 40%, but only with proof that the employee actually received enough tips to reach the full minimum wage.
What are the overtime rules in Illinois?
Time-and-a-half after 40 hours in a workweek. No general daily overtime rule.
Are breaks required by law in Illinois?
Employees working 7½ continuous hours or more must get a meal break of at least 20 minutes, starting no later than 5 hours into the work period, plus another 20-minute meal break for each additional 4½ continuous hours. Hotel room attendants (in counties over 3 million people) get two paid 15-minute rest breaks and a 30-minute meal break on days of 7 or more hours.
When do I get my final paycheck if I'm fired in Illinois?
At the time of separation if possible, and no later than the next regularly scheduled payday. If the employee asks in writing, the final check must be mailed.
When do I get my final paycheck if I quit in Illinois?
Same as for firing: at separation if possible, and no later than the next regularly scheduled payday.
Does an employer have to pay out unused PTO in Illinois?
Yes. If an employment contract or policy provides paid vacation, all earned, unused vacation must be paid at the final rate of pay when the employee quits or is fired, and no contract or policy can forfeit it (unless a collective bargaining agreement provides otherwise).
How often must employees be paid in Illinois?
At least twice a month (semi-monthly). Executive, administrative and professional employees, and commissions, may be paid monthly. On written request, wages can be paid weekly in a single check.
Do employers have to give pay stubs in Illinois?
Required for each pay period. Employers must keep copies for at least 3 years and must give current and former employees copies of past pay stubs within 21 calendar days of a request. Employers must also tell new hires their pay rate and the time and place of payment, in writing when possible.
Is paid sick leave required in Illinois?
Yes. Under the Paid Leave for All Workers Act, workers earn 1 hour of paid leave for every 40 hours worked, up to 40 hours a year, and can use it for any reason without giving the employer a reason. Workers in Chicago and Cook County are covered by local paid leave ordinances instead.
Is it illegal to fire someone for reporting a violation in Illinois?
The Illinois Whistleblower Act bars retaliation against employees who disclose, or threaten to disclose, information they believe in good faith shows a violation of law or a substantial and specific danger to employees, public health or safety, whether to a government or law enforcement agency, in a court or public proceeding, or internally to a supervisor or company officer.
Where do I file a job discrimination complaint in Illinois?
Illinois Department of Human Rights (IDHR). Most charges must be filed within 2 years of the discrimination. IDHR aims to finish its investigation within 365 days after the charge is filed.
Are non-compete agreements enforceable in Illinois?
Banned for employees earning $75,000 a year or less; customer/employee non-solicitation agreements are banned for employees earning $45,000 or less. Agreements that violate these limits are void. Other limits apply, including for workers laid off due to COVID-19 or similar circumstances.
How do I apply for unemployment in Illinois?
Apply for regular unemployment insurance benefits online with the Illinois Department of Employment Security (IDES), and certify for benefits on time after filing.

Employment Law in other states

More Illinois law

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.