Illinois employment law overview

Illinois has many laws that provide greater protections to employees than federal law, including pregnancy accommodation rights, a higher minimum wage and additional leave requirements, but generally follows federal law with respect to topics such as overtime pay, jury duty leave and occupational safety and health. 

Select Illinois employment requirements are summarized below to help an employer understand the range of employment laws affecting the employer-employee relationship in the state. An employer must comply with federal, state, and local law. Where there is overlap, complying with the law that offers the greatest rights or benefits to the employee will generally apply. 

Equal Employment Opportunity (EEO) and worker protections 

Illinois employers may be required to comply with requirements related to EEO and worker protections.   

Fair employment practices 

The Illinois Human Rights Act (IHRA) prohibits private employers from discriminating on the basis of protected characteristics including: 

• Sex; 
• Pregnancy, childbirth or related medical conditions; 
• Age (40 years of age or older); 
• Race; 
• Color; 
• Religion; 
• Arrest record; 
• Expunged and concealed convictions; 
• Marital status; 
• Housing status; 
• Sexual orientation; 
• Citizenship status; 
• National origin; 
• Ancestry; 
• Military status; 
• Unfavorable military discharge; 
• Disability; and 
• Protective order status. 

Equal pay 

Illinois provides equal pay protections under multiple laws. 

• The Illinois Equal Pay Act of 2003 (IEPA) prohibits pay discrimination on the basis of sex and against African-American employees between employees performing the same or substantially similar work under similar working conditions. Substantially similar work means the jobs require substantially similar skill, effort and responsibility. 
• The Illinois Human Rights Act (IHRA) prohibits discrimination in terms or conditions of employment, including compensation, based on any characteristic protected under the IHRA. 
• The Equal Wage Act prohibits payment of unequal wages for equal work (by time or piece of work) in manufacturing unless the variation in pay is due to a permissible factor. 
• The Minimum Wage Law prohibits pay discrimination on the basis of sex or mental or physical disability between employees performing the same or substantially similar work on jobs requiring equal skill, effort and responsibility and performed under similar working conditions. 

Pay differentials may be permissible if they are based on a legitimate factor such as seniority, merit, quantity or quality of production, or another reasonable nondiscriminatory factor. 

Pay transparency 

Illinois has a pay transparency law that requires employers of a certain size to include the pay scale and benefits in any specific internal or external job posting, including one published or announced by a third party, advertising a position that: 

• Will be physically performed at least partly in Illinois; or 
• Will be physically performed outside Illinois by an employee who reports to a supervisor, office or other worksite in Illinois. 

In addition, covered employers must keep records of the pay scale, benefits and job postings for each position for at least five years. 

Salary history inquiry restrictions 

The Illinois EPA has a salary history inquiry ban and generally prohibits an employer or employment agency, or employee or agent from: 

• Screening job applicants based on their current or prior wage or salary history; 
• Requesting or requiring a wage or salary history as a condition of: (1) being considered for employment; (2) being interviewed; (3) continuing to be considered for an offer of employment; and (4) an offer of employment or an offer of compensation; or 
• Requesting or requiring that an applicant disclose wage or salary history as a condition of employment. 

Under the law, an employer or employment agency may provide an applicant with salary information offered in relation to a position and discuss salary expectations. 

An employer is not in violation of the law when salary history is voluntarily disclosed if the employer does not consider or rely on this information as a factor in: (1) determining whether to offer an applicant employment; (2) making an offer of compensation; or (3) determining future wages, salary, benefits, or other compensation. 

Employee wage disclosure rights 

The Illinois EPA provides that an employer may not discharge or discriminate against any individual for inquiring about, disclosing, comparing, or otherwise discussing the employee’s wages or the wages of any other employee, or aiding or encouraging any person to exercise his or her rights under the law. 

An employer also may not require an employee to sign a contract or waiver prohibiting the employee from disclosing or discussing information about the employee’s wages, salary, benefits, or other compensation. 

Pregnancy accommodation 

The IHRA requires an employer to provide reasonable accommodations based on pregnancy, childbirth or a related medical condition. Reasonable accommodations may include, but are not limited to: 

• More frequent or longer bathroom, water or rest breaks; 
• Private space (not a bathroom) for expressing breast milk and breastfeeding; 
• Suitable seating; 
• Assistance with manual labor; 
• Temporary transfer to a less-strenuous or less-hazardous position; 
• Modified duties, equipment, policies or work schedule; and 
• Time off. 

Breastfeeding breaks 

The Nursing Mothers in the Workplace Act requires an employer with more than five employees (excluding immediate family members) to provide “reasonable” break time to an employee who needs to express breast milk for their nursing infant child each time the employee has the need to express milk for one year after the child’s birth, unless doing so would create an undue hardship. The break time may run concurrently with any break time already provided to the employee.  

Covered employers must compensate the employee during the break time at the employee’s regular rate of pay. Employers may not require the employee to use paid leave during the break time or reduce the employee’s compensation during the break time in any other way.

Access to personnel files 

The Personnel Record Review Act requires employers with five or more employees (excluding immediate family members) to allow current and former employees to inspect any personnel documents that are, have been or are intended to be used in determining that employee’s qualifications for employment, promotion, transfer, additional compensation, termination or other disciplinary action. An employee’s request must be granted up to two times per calendar year and within seven working days of the request. 

Whistleblower protections 

The Illinois Whistleblower Act prohibits employers from retaliating against employees who engage in certain protected activities. Protected activities include disclosing or threatening to disclose certain information externally (e.g., to a government or law enforcement agency) or internally (e.g., to a supervisor or board member) and refusing to participate in an activity that would result in a violation of state or federal law. 

Scheduling 

Illinois does not have a scheduling law applicable to private employers.  

Recruiting and hiring 

Illinois employers may be required to comply with requirements related to recruiting and hiring.   

Credit checks 

Illinois’ Employee Credit Privacy Act (ECPA) generally bars employers from obtaining or using an applicant’s credit history for purposes of making a hiring decision. However, the ECPA expressly excludes banks, savings and loan associations, credit unions, insurance or surety companies, and debt collectors. In addition, the ECPA excludes employers that are seeking to fill a position where a satisfactory credit history is a bona fide occupational requirement for the job. 

Ban the Box and Fair Chance 

The Job Opportunities for Qualified Applicants Act prohibits employers with 15 or more employees from asking criminal history questions on job applications. Employers may lawfully make criminal history inquiries after a candidate has been selected for an interview or, if there is not an interview, after a conditional employment offer has been made. 

E-Verify 

While not required, Illinois employers may voluntarily use E-Verify to electronically verify employment eligibility of newly hired employees.  

In addition to following the federal requirements for using E-Verify, Illinois employers that choose to use E-Verify must also comply with the Illinois Right to Privacy in the Workplace Act which requires employers using the federal E-Verify system to comply with certain training, posting, notice and privacy requirements. 

Wage and hour 

Illinois employers may be required to comply with certain wage and hour requirements.  

Minimum wage 

Illinois state minimum wage is $15.00 per hour. There are exemptions for tipped employees, minors, learners, trainees and individuals with disabilities. 

Overtime 

Nonexempt employees are entitled to pay at one-and-one-half times their regular rate of pay if they work more than 40 hours in a workweek. 

Meal and rest breaks 

An employee who is to work seven and one-half continuous hours or more must be provided a 20-minute meal period. The meal period should be provided within five hours of the employee beginning work. 

In addition, minors under 16 are entitled to a 30-minute meal period after no more than five hours of continuous work, and no period of fewer than 30 minutes is deemed to interrupt a “continuous” period of work. 

Child labor 

Child labor laws in Illinois restrict the occupations in which minors may be employed and the number of hours and times during which they may work. 

Minors under 16 years of age are prohibited from working in a variety of occupations. 

Minor under 16 may not work: 

• More than six consecutive days in one week; 
• More than three hours in one day (eight hours, when school is not in session); 
• More than 24 hours in one week (48 hours, when school is not in session); or 
• Between the hours of 7:00 p.m. to 7:00 a.m., from Labor Day through June 1 (between 9:00 p.m. and 7:00 a.m., from June 1 through Labor Day). 

Minors may work both Saturday and Sunday for not more than eight hours each day as long as the minor does not work: 

• More than six consecutive days in one week; and 
• More than 24 hours in one week. 

Minors under 16 are entitled to a 30-minute meal period after no more than five hours of continuous work, and no period of fewer than 30 minutes is deemed to interrupt a “continuous” period of work. 

Pay and benefits 

Illinois employers may be required to follow certain requirements with respect to employee pay and benefits.   

Wage payment methods 

Illinois employers may pay employees in cash, by check, by direct deposit or by payroll debit cards. 

Pay frequency and lag time 

Nonexempt employees must be paid semimonthly. Exempt employees in the executive, administrative and professional categories may be paid once a month. Commissions may be paid once a month. 

Payment should be made within 13 days after the pay period ends (if a semimonthly or biweekly pay period) or within seven days (if a weekly pay period). Exempt employees must be paid on or before 21 calendar days after the period in which the wages were earned. 

Pay deductions 

Deductions may be made that: 

• Are required by law (e.g., taxes); 
• Benefit the employee (e.g., health insurance premiums, union dues); 
• Satisfy a valid wage assignment or wage deduction order (e.g., child support); or 
• Are made with the employee’s express written consent. 

Pay statements 

Illinois employers must provide each employee with an itemized statement of deductions made from wages for each pay period. 

Wage theft 

Illinois does not have a wage theft law applicable to private employers. 

Health care continuation 

Employees and their covered dependents are eligible for up to 12 months of health care continuation coverage if coverage ends due to the employee’s reduction in hours or termination of employment. 

In the event of the employee’s death or retirement, or divorce, a spouse and dependent children are eligible for up to two years of continuation coverage. If the spouse is age 55 or older, coverage lasts until the spouse is eligible for Medicare. 

Dependent children are eligible for up to two years of continuation coverage in the event of the employee’s death (and coverage is not available under the spousal coverage provisions) or the dependent reaching the limiting age under the policy. 

Temporary disability insurance 

Illinois does not have requirements for private employers related to temporary disability insurance. 

Time off and leaves of absence 

Illinois employers may be required to follow certain requirements with respect to time off and leaves of absence. 

Family and medical leave  

Illinois does not have a family and medical leave law applicable to private employers. 

Paid sick leave 

Illinois does not have a state paid sick leave law applicable to private employers.   

Other time off requirements 

Illinois has laws related to time off and leaves of absence, including but not limited to:

• Family military leave; 
• Funeral honors detail leave; 
• Kin care leave; 
• Neonatal intensive care unit leave;
• Family bereavement leave; 
• Child extended bereavement leave; 
• School visitation leave; 
• Blood and organ donor leave; 
• Domestic violence leave; 
• Jury duty leave; 
• Witness leave; 
• Voting leave; 
• Election official leave; 
• Fire protection district trustee leave;
• Military leave; 
• Civil Air Patrol leave; 
• Emergency responder leave; 
• Paid leave; and 
• Day of rest requirements. 

Health and safety 

Illinois employers may be required to follow certain requirements with respect to employee health and safety.   

Occupational safety and health  

The safety and health of Illinois workplaces and employees is regulated by federal OSHA, as well as through state plan laws. 

Private sector employers in Illinois fall under the jurisdiction of federal OSHA for compliance and enforcement and must follow the appropriate Code of Federal Regulations that applies to their industry and work practices.  

Illinois also has a federally approved state plan applicable to public sector employers. 

Drug and alcohol testing 

There is no state law that either requires or prohibits employers from implementing drug or alcohol testing of employees or job applicants after a job offer is made. However, an employer that takes disciplinary or rehabilitative action against an employee, or denies employment to a job applicant, on the basis of a drug or alcohol test must do so in compliance with the federal Americans with Disabilities Act (ADA), the Illinois Human Rights Act, applicable collective bargaining agreements and other laws that protect workers from discrimination or violations of privacy. 

Smoke-free workplace 

Illinois prohibits smoking in public places, places of employment and within 15 feet of any entrance, exit, window that opens and ventilation intake of a public place or place of employment. 

Weapons in the workplace 

Employers in Illinois may ban guns in the workplace if proper signs have been posted. 

However, an employee who is a concealed weapons license holder may carry a concealed firearm within a vehicle into the parking area or store a firearm concealed in a glove compartment, console or trunk (out of plain view) in a locked vehicle in the parking area. A license holder may also transport the firearm around the immediate area of the vehicle if the gun is unloaded and the purpose is to store it in or retrieve it from the trunk. 

Safe driving practices 

In Illinois, it is against the law to text or use a handheld phone, personal digital assistant, tablet or portable or mobile computer while driving. The law also specifically prohibits drivers from watching or streaming video, participating in any video conferencing application (e.g., Zoom, Microsoft Teams, WebEx) or accessing any social media site (e.g., Facebook, Snapchat, Instagram, X (formerly known as Twitter) on an electronic communication device while driving. 

Organizational exit 

Illinois employers may be required to follow certain requirements when employees exit the organization.   

Final pay 

Whether an employee quits or is fired, all final compensation must be paid on the next regularly scheduled payday. 

If an employment contract or employer policy provides for paid vacations, all earned but unused vacation must be paid upon termination, unless otherwise provided in a collective bargaining agreement. Employment contracts and employer policies may not provide for forfeiture of earned vacation time upon termination. 

Mass layoffs 

The Illinois Worker Adjustment and Retraining Notification (WARN) Act requires employers with 75 or more employees to give affected workers and state and local government officials 60 days’ advance notice of a mass layoff, relocation, employment loss or plant closing. 

AI in employment 

Illinois has multiple AI-related laws that affect employment practices.

The Illinois Human Rights Act specifies that an employer may not use AI in recruiting, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure, or terms and conditions of employment when the AI use subjects employees to discrimination based on a protected class. 

The Artificial Intelligence Video Interview Act requires employers to comply with consent and data retention policies. Employers must also provide disclosure if they ask applicants to record video interviews and use an AI analysis of the applicant-submitted interviews. 

Illinois law also makes employment agreements unenforceable if a provision allows for the creation and use of a digital replica of the worker’s voice or likeness and does not meet statutory restrictions.