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Worker Rights

File a Complaint

The Department of Labor provides the following list of complaint forms for download, printing and mailing. You also, can visit any of the offices for the Department of Labor and submit a complaint in person. Depending upon the type of complaint, you may need to provide certain documents such as W-2, paystubs, and/or any other supporting documents verifying the complaint.

Minimum Wage Law

Illinois requires employers to pay a minimum of $13.00 per hour for workers 18 years of age and older; workers under 18 may be paid $.50 per hour less than the adult minimum wage. Overtime must be paid after 40 hour of work per week at time and one-half the regular rate.

What is the Wage Payment and Collection Act?

The Wage Payment and Collection Act, 820 ILCS 115/1, is the law that governs the payment of wages to employees and the deductions that an employer can make from an employee's paycheck.

Meals and Breaks

Requires employers to provide employees a minimum of 24 hours of rest within every consecutive 7-day period. The law allows employers to secure permits from the Department for employees to work on the 7th day provided that the employees have voluntarily agreed to work and are paid at the applicable overtime rate if employees work over forty hours per week. Employees must also be given a meal period of at least 20 minutes for every 7.5-hour shift beginning no later than 5 hours after the start of the shift, with an additional 20-minute meal period if working a 12-hour shift or longer. Reasonable restroom breaks, in addition to the meal break must be provided. (Effective January 1, 2023)

Deductions From Pay

Generally an employer may make certain deductions from your pay, but the law mandates that each employee shall be furnished with an itemized statement of deductions for each pay period so that the employee is aware of all deductions made. Employers may deduct when 1) required by law (such as taxes), 2) to the benefit of the employee (such as health insurance premiums, union dues etc.), 3) a valid wage assignment or wage deduction order in effect, made with the express written consent of the employee, given freely at the time the deduction is made. Employers are not allowed to deduct for uniforms, cash register shortages, missing or broken equipment unless the employee gives express written consent.

Holiday Pay

Under the Minimum Wage Law and the Illinois Wage Payment and Collection Act, an employer is obligated to pay an employee for all time worked. For both salaried and hourly employees, if a portion of the week is not completed, the entire salary amount is not due.

However, the employee may enter into an agreement with their employer to use some kind of benefit time for those days not worked (vacation, sick, PTO, etc.).

Vacation

An employee is not entitled to vacation, severance pay, sick pay or holiday by law. However if the employer has a policy that guarantees the employee any of these benefits, the employee may be entitled to receive payment upon separation. See Section 300.520

Employer Misclassification of Workers

Misclassification occurs if any employer treats workers as "independent contractors" when they are employees.​

Electronic Payroll Debit/Credit Cards for Payment of Wages

The use of electronic payroll debit or credit cards as a method of paying employees their wages and final compensation is acceptable in Illinois but only if certain factors are met.

Migrant Workers' Rights

Illinois employment laws provide certain protections for workers in agricultural work.