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Illinois Employment Law: Complete Guide to Worker Rights (2025)

Illinois provides moderate worker protections that go beyond federal minimums in several key areas. As the 6th most populous state with 12.6 million residents, Illinois balances business interests with worker rights through the Illinois Human Rights Act, state wage laws, and various employment protections.

Whether you work in Chicago’s urban center or downstate Illinois communities, understanding your employment rights under state and federal law helps you recognize when violations occur and take appropriate action.

Illinois Employment Law Overview

What Makes Illinois Different

Illinois offers stronger protections than employer-friendly states like Texas and Florida, but less comprehensive coverage than California or New York:

Illinois provides:

  • ✅ Illinois Human Rights Act – Broader than federal anti-discrimination law
  • ✅ State minimum wage above federal ($14/hour statewide, $15.80+ in Chicago as of 2024)
  • ✅ Meal break requirements (20+ minutes for 7.5+ hour shifts)
  • ✅ One Day Rest in Seven Act – Weekly rest day requirement
  • ✅ Victims’ Economic Security and Safety Act (VESSA) – Leave for domestic violence victims
  • ✅ Illinois Whistleblower Act – Retaliation protections
  • ✅ Equal Pay Act – Wage equity protections
  • ✅ Ban on salary history questions

Illinois does NOT have:

  • ❌ State paid family leave (no equivalent to California PFL or Colorado FAMLI)
  • ❌ State paid sick leave mandate (except Chicago and Cook County)
  • ❌ Robust public policy exception (at-will employment strongly enforced)
  • ❌ Ban on non-compete agreements (unlike California)

At-Will Employment in Illinois

Illinois is an at-will employment state, meaning:

  • Employers can fire you for any lawful reason or no reason
  • You can quit at any time without notice
  • No advance notice required for termination (unless contract specifies)

Exceptions to at-will:

  • Illegal discrimination (Illinois Human Rights Act)
  • Retaliation for protected activities
  • Public policy violations (very narrow)
  • Breach of employment contract
  • Specific statutory protections (whistleblowing, jury duty, voting)

Key Illinois Employment Topics

Wrongful Termination in Illinois

Illinois recognizes wrongful termination when firing violates specific laws:

Primary protections:

  • Illinois Human Rights Act violations (discrimination)
  • Retaliation for protected activities (complaints, whistleblowing)
  • Public policy violations (extremely narrow – refusing illegal acts)
  • Breach of contract (if you have written employment agreement)

Learn more: Illinois Wrongful Termination Laws

Workplace Discrimination in Illinois

The Illinois Human Rights Act (IHRA) provides broader protections than federal Title VII:

Protected characteristics:

  • Race, color, religion, sex (including sexual orientation and gender identity)
  • National origin, ancestry
  • Age (40+, though IHRA protects all ages in some contexts)
  • Disability (physical and mental)
  • Marital status
  • Military status
  • Pregnancy
  • Unfavorable military discharge
  • Order of protection status
  • Citizenship status (with exceptions)
  • Arrest record (with limitations)

Key advantage over federal law: IHRA applies to employers with 1 or more employees (federal Title VII requires 15+)

Filing agency: Illinois Department of Human Rights (IDHR)

Learn more: Illinois Workplace Discrimination Laws

Illinois Wage and Hour Laws

Illinois provides several wage protections beyond federal FLSA:

Minimum Wage

  • Statewide: $14.00/hour (as of 2024, increasing to $15/hour in 2025)
  • Chicago: $15.80/hour (2024, annually adjusted for inflation)
  • Cook County: $13.70/hour (2024, annually adjusted)

Tipped workers: Must receive full minimum wage (no tip credit allowed in Illinois)

Overtime

  • 1.5x regular rate for hours over 40 per week
  • Illinois follows federal FLSA overtime rules

Meal Breaks

  • 20+ minute meal break required for employees working 7.5+ hours
  • Must be provided no later than 5 hours into shift

One Day Rest in Seven Act

  • Employees must receive 24 consecutive hours of rest every calendar week
  • Exceptions for certain industries and emergency situations

Learn more: Illinois Minimum Wage Laws

Sexual Harassment Laws

Illinois has enhanced sexual harassment protections:

Illinois Human Rights Act prohibits:

  • Quid pro quo harassment (job benefits conditioned on sexual favors)
  • Hostile work environment
  • Third-party harassment (customers, vendors)

Mandatory training: Illinois law requires employers to provide annual sexual harassment prevention training to all employees

Restaurant workers: Special protections under Illinois law recognizing unique harassment risks

Learn more: Illinois Sexual Harassment Laws

Family and Medical Leave

Illinois has limited state leave protections:

Federal FMLA

  • Applies to employers with 50+ employees
  • Up to 12 weeks unpaid leave for qualifying reasons
  • Job protection and benefits continuation

VESSA (Victims’ Economic Security and Safety Act)

  • 12 weeks leave per year for employees who are victims of domestic or sexual violence
  • Covers employees at employers with 1 or more employees
  • Broader than federal leave protections
  • Protected reasons: Court proceedings, medical care, counseling, safety planning, relocation

School Visitation Rights Act

  • Employees can take up to 8 hours per year for school conferences, behavioral issues
  • Available to employees at employers with 50+ employees

What Illinois lacks: No state paid family leave program (unlike California, New York, Colorado, Oregon)

Learn more: Illinois Leave Laws

Workplace Retaliation

Illinois protects employees who engage in protected activities:

Illinois Whistleblower Act protections:

  • Reporting violations of law to government authorities
  • Refusing to participate in illegal activities
  • Testifying in investigations or proceedings

Other retaliation protections:

  • Filing discrimination complaints (IHRA)
  • Filing wage complaints
  • Requesting meal breaks or rest days
  • Taking protected leave (VESSA, FMLA)
  • Jury duty service
  • Voting rights

Learn more: Illinois Workplace Retaliation Laws

Employment Contracts

Illinois recognizes employment contracts but presumes at-will employment:

Common agreements:

  • Non-compete agreements – Enforceable if reasonable (unlike California’s ban)
  • Non-disclosure agreements (NDAs) – Generally enforceable with limitations
  • Severance agreements – Can waive claims but must meet legal requirements
  • Arbitration agreements – Generally enforceable

Illinois Freedom to Work Act: Limits non-compete agreements for employees earning less than $75,000/year (2024 threshold, adjusted annually)

Learn more: Illinois Employment Contracts

Chicago-Specific Employment Laws

Chicago has enacted several employment laws that go beyond state requirements:

Chicago Minimum Wage

  • $15.80/hour (2024, adjusted annually for inflation)
  • Applies to all employers within Chicago city limits
  • Higher than Illinois state minimum wage

Chicago Paid Sick Leave

  • Employees accrue 1 hour of paid sick leave per 40 hours worked
  • Up to 40 hours (5 days) per year
  • Can use for own illness, family care, or certain other reasons

Chicago Fair Workweek Ordinance

  • Advance notice requirements for schedules (hospitality and retail)
  • Premium pay for schedule changes
  • Right to rest between shifts

Note: Cook County also has its own minimum wage and earned sick leave ordinance affecting suburban areas.

Filing Complaints and Claims in Illinois

Illinois Department of Human Rights (IDHR)

For discrimination and harassment claims:

  • File within: 300 days of discriminatory act
  • Online filing: illinois.gov/dhr
  • Phone: 312-814-6200 (Chicago), 217-785-5100 (Springfield)

Process:

  1. File charge with IDHR
  2. IDHR investigates
  3. If no resolution, request right-to-sue letter
  4. File lawsuit in Illinois circuit court within 90 days

Can dual-file: IDHR and EEOC (federal) charges simultaneously

Illinois Department of Labor (IDOL)

For wage and hour violations:

  • File within: 3 years of violation
  • Phone: 312-793-2800 (Chicago), 217-782-6206 (Springfield)
  • Website: illinois.gov/idol

Handles:

  • Unpaid minimum wage
  • Unpaid overtime
  • Final paycheck issues
  • Meal break violations
  • One Day Rest in Seven violations

EEOC (Federal Discrimination Claims)

Chicago EEOC Office:

  • Address: 230 S. Dearborn Street, Suite 1866, Chicago, IL 60604
  • Phone: 1-800-669-4000 or 312-869-8100
  • File within: 300 days of discrimination

U.S. Department of Labor (Federal Wage/Leave Claims)

For FMLA violations and federal wage issues:

  • Phone: 1-866-487-9243
  • Chicago office: 312-596-7160

Statute of Limitations in Illinois

Act quickly – strict deadlines apply:

Claim Type Deadline Notes
IDHR discrimination charge 300 days From discriminatory act
EEOC charge 300 days Illinois is deferral state
Wage claims (IDOL) 3 years For unpaid wages, overtime
Breach of contract 10 years (written), 5 years (oral) From breach date
Wrongful termination (tort) 2 years Personal injury statute
FMLA violations 2-3 years 3 years if willful

Missing these deadlines usually destroys your claim.

Common Employment Law Questions in Illinois

Can I be fired for no reason in Illinois?

Yes. Illinois is at-will, so employers can fire you without reason as long as the real reason isn’t illegal (discrimination, retaliation, etc.).

Does Illinois require severance pay?

No. Illinois doesn’t require severance unless:

  • You have a written contract requiring it
  • Company policy promises it
  • Part of mass layoff settlement

Are non-compete agreements enforceable in Illinois?

Partially. Illinois limits non-competes:

  • Can’t be enforced against employees earning under $75,000/year (2024 threshold)
  • Must be reasonable in scope, duration, and geography
  • Must provide adequate consideration

When must I receive my final paycheck in Illinois?

  • If fired: Next regularly scheduled payday
  • If you quit: Next regularly scheduled payday

Illinois doesn’t require immediate final paycheck like California.

Can my employer deny me meal breaks?

No. Illinois requires 20+ minute meal break for shifts of 7.5+ hours. Denying breaks violates Illinois law.

Am I entitled to paid sick leave in Illinois?

Depends on location:

  • Chicago: Yes (1 hour per 40 worked, up to 40 hours/year)
  • Cook County: Yes (1 hour per 40 worked, up to 40 hours/year)
  • Rest of Illinois: No state requirement (unless employer policy provides it)

Resources for Illinois Workers

State Agencies

Illinois Department of Human Rights (IDHR)

  • Discrimination and harassment
  • Website: illinois.gov/dhr
  • Chicago: 312-814-6200
  • Springfield: 217-785-5100

Illinois Department of Labor (IDOL)

  • Wage and hour violations
  • Website: illinois.gov/idol
  • Chicago: 312-793-2800
  • Springfield: 217-782-6206

Illinois Attorney General – Worker Protection Unit

  • Wage theft, labor trafficking
  • Phone: 1-844-740-5076

Federal Agencies

EEOC – Chicago District Office

  • Address: 230 S. Dearborn Street, Suite 1866, Chicago, IL 60604
  • Phone: 1-800-669-4000 or 312-869-8100
  • Website: eeoc.gov

U.S. Department of Labor – Chicago District Office

Free Legal Assistance

Land of Lincoln Legal Aid

  • Phone: 1-877-342-7891
  • Website: lincolnlegal.org
  • Free legal help for low-income workers

Prairie State Legal Services

  • Phone: 1-800-942-4916
  • Free civil legal services

Chicago Bar Association Lawyer Referral Service

  • Phone: 312-554-2001
  • Find an employment attorney

Explore Illinois Employment Law Topics

By Topic

By Worker Type

  • Chicago employees (city-specific laws apply)
  • Cook County employees (county ordinances apply)
  • Restaurant workers (special harassment protections)
  • Tipped workers (no tip credit – full minimum wage required)
  • Non-compete employees (limited enforceability)

By Situation

  • Fired without reason
  • Discriminated against
  • Sexually harassed
  • Denied meal breaks
  • Unpaid wages or overtime
  • Denied leave for domestic violence
  • Retaliated against for complaints

Get Help with Your Illinois Employment Law Issue

Have questions about your rights under Illinois employment law? Unsure if your employer violated state or federal protections? Get a free consultation from an employment law expert who understands Illinois-specific worker protections.

Illinois provides moderate worker protections that go beyond federal minimums in key areas like minimum wage, meal breaks, and anti-discrimination coverage. Understanding which laws apply to your situation is the first step toward protecting your rights.

Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. Illinois employment laws change frequently, and this guide may not reflect the most current legal developments. For advice specific to your situation, please consult with a licensed employment attorney in Illinois. Employment Law Aid is not a law firm and does not provide legal representation.