Illinois State Labor Laws

As of July 1, 2010, minimum wage is $8.25 per hour.

Prior rates:

July 1, 2009 to June 30, 2010 $8.00 per hour

July 1, 2008 to June 30, 2009 $7.75 per hour

New employees (first 90 days of employment) and employees under age 18 may be paid up to 50 cents less per hour.

Tipped Employees

Employers may take a credit for tipped employees of up to 40% of wages. Therefore, the minimum hourly wage for tipped employees is $4.95 per hour effective July 1, 2010.

Non-exempt employees are entitled to overtime pay equaling time and one half their regular rate of pay if they work over 40 hours in a workweek.

The following employees are exempt from overtime pay:

• executive, administrative or professional employees as defined by the Fair Labor Standards Act,
• commissioned employees defined by Section 7(i) of the Fair Labor Standards Act, agricultural workers,
• Salesmen and mechanics involved in selling or servicing cars, trucks or farm implements at dealerships,
• certain employees involved in radio/television in a city with a population under 100,000
• employees who exchange hours pursuant to a workplace exchange agreement
• employees of certain educational or residential child care institutions.

 

One Day Rest in Seven

Illinois state law requires that employers give employees at least 24 hours of rest in every calendar week starting Sunday and ending the following Saturday.

Employers are not required to provide holiday or vacation pay, however, if the employer has policies, made promises, provided for such in handbooks and/or has a pattern and practice of providing vacation pay, it may create an obligation on the part of the employer to pay for the value of  “earned vacation” whenever an employee is terminated – either voluntarily (quits or resigns) or involuntarily (fired).

For more information regarding Illinois state vacation pay laws, please use this link – IL Vacation Pay Law

Illinois does not have any law regarding breaks. However, an unpaid meal period of at least 20 minutes must be given to employees who are scheduled to work 7.5 hours or more. The meal period must be given no later than 5 hours after the employee starts work.

The following can be deducted from employees’ checks:

• Deductions required by law, such as taxes
• Deductions that benefit the employee, such as union dues, health insurance premiums, etc.
• Deductions pursuant to wage assignments or wage deduction orders
• Deductions that the employee has given written consent for

 

Employers are required to furnish employees with an itemized statement of deductions for each pay period.

Employers are required to furnish employees with an itemized statement of deductions for each pay period. Employees of the City of Chicago, METRA, CTA, CHA, Chicago Park District, Chicago Board of Education and Chicago City Colleges may be subject to other deductions.

Employers are required to pay employees at least semi-monthly (twice a month). Commissions and executive, administrative and professional employees may be paid once a month. Wages must be paid no later than 13 days after the end of the pay period.

Illinois state law allows employees to request their personnel records from their employer 2 times per year and for a period of up to 1 year after separation.

Illinois’ statute of limitations is 3 years so unpaid overtime can be collected up to three years from the date earned.

Can my employer require that I work overtime?

Yes, unless working that time prevents you from getting one day of rest during a calendar week as required by the One Day Rest in Seven Act. (See above)

Can my employer pay me ‘comp time’ instead of overtime?

No. Private employers are not allowed to give compensatory time off in place overtime.

Can my pay be lowered?

Yes, as long as your employer advises you of the change prior to you performing work at the lower rate and the rate is no lower than minimum wage.

Is overtime pay required for working holidays or Sundays?

No, unless working the holiday or Sunday puts you over 40 hours in the workweek.

Can my employer deduct money from my check for damages or cash shortages?

No, unless you sign a written authorization for this deduction at the time the deduction is made.

Do I have to pay for my uniform?

Your employer cannot deduct the cost of your uniform from your paycheck unless you sign an express written agreement at the time the deduction is made.

When is my last paycheck due?

Final wages must be paid on the next regularly scheduled payday.

Can my final paycheck be held until I return my employer’s items such a uniforms, tools, etc.?

No.