🇺🇸 Illinois EMPLOYMENT LAW — 2026 UPDATE

Illinois Employment Law 2026

⚠️Informational only — not legal or tax advice.

Last Updated: January 9, 2026
Last Reviewed: January 9, 2026
Applicable Period: 2026
Jurisdiction: State of Illinois, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter

Illinois Labor Law 2026

Table of Contents

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Introduction

Illinois employment law establishes the legal framework governing the relationship between employers and employees throughout the state. This comprehensive guide provides detailed information on employment law in Illinois for 2026, covering both state-specific regulations and applicable federal laws.

This guide serves employees seeking to understand their workplace rights and employers working to maintain compliance with Illinois employment regulations. The information presented here draws exclusively from official government sources, including the Illinois Compiled Statutes, the Illinois Department of Labor, the Illinois Department of Human Rights, and federal agencies such as the U.S. Department of Labor and the Equal Employment Opportunity Commission.

What This Guide Covers:

This guide addresses the fundamental aspects of Illinois employment law, including the at-will employment doctrine and its exceptions, wage and hour regulations, discrimination protections under the Illinois Human Rights Act, employer obligations for workplace compliance, procedures for filing employment-related complaints, and recent legislative updates affecting Illinois workplaces in 2026.

Official Sources:

All information in this guide comes from official government sources, including:

  • Illinois Compiled Statutes (ILCS), Chapter 820 (Employment)
  • Illinois Department of Labor (labor.illinois.gov)
  • Illinois Department of Human Rights (dhr.illinois.gov)
  • Illinois Human Rights Commission (hrc.illinois.gov)
  • U.S. Department of Labor (dol.gov)
  • Equal Employment Opportunity Commission (eeoc.gov)

Employment Law Framework in Illinois

1.1 At-Will Employment Doctrine

Illinois follows the at-will employment doctrine, which governs most employment relationships in the state. Under this doctrine, employment relationships are presumed to be at-will unless otherwise specified by contract or law.

What At-Will Employment Means:

At-will employment allows either the employer or employee to terminate the employment relationship at any time, with or without cause, and with or without notice. This principle applies equally to both parties.

For Employees:

According to the at-will employment doctrine, employees in Illinois may resign from their position at any time without providing a reason or advance notice.

For Employers:

Employers may terminate an employee’s employment at any time for any lawful reason or no reason at all, provided the termination does not violate statutory protections or public policy.

Legal Basis:

Illinois courts have consistently recognized the at-will employment doctrine through common law. While Illinois does not have a single comprehensive statute codifying at-will employment, the principle has been established through numerous court decisions and is subject to specific statutory exceptions.

Source: Illinois courts have established at-will employment through common law precedent
Reference: At-will employment is the default employment relationship in Illinois unless modified by contract or statute

1.2 Exceptions to At-Will Employment

While at-will employment is the default rule in Illinois, several significant exceptions provide protections to employees. These exceptions prevent employers from terminating employees in certain circumstances.

Four Primary Exceptions:

Exception 1: Statutory Protections

Federal and state statutes prohibit termination based on protected characteristics or activities. These include:

Illinois Human Rights Act (775 ILCS 5/) prohibits discrimination based on race, color, religion, sex, national origin, ancestry, age (40 and over), order of protection status, marital status, physical or mental disability, military status, sexual orientation, pregnancy, unfavorable military discharge, citizenship status, family responsibilities, reproductive health decisions, and arrest record (in employment decisions).

Source: Illinois Human Rights Act
Citation: 775 ILCS 5/2-102
Available at: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2266&ChapterID=64

Federal laws including Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e), Age Discrimination in Employment Act (29 U.S.C. § 621), Americans with Disabilities Act (42 U.S.C. § 12101), and other federal statutes provide additional protections.

Exception 2: Public Policy Exception

Illinois recognizes a common law claim for retaliatory discharge when an employee is fired for reasons that violate public policy. This includes termination for:

  • Refusing to perform an illegal act
  • Filing a workers’ compensation claim
  • Reporting illegal activity (whistleblowing)
  • Exercising a statutory right
  • Engaging in activities protected by law

Source: Illinois Workers’ Compensation Act protects employees who file claims
Citation: 820 ILCS 305/1 et seq.
Available at: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68

Illinois Whistleblower Act protects employees who report violations of state or federal law to government authorities.

Source: Illinois Whistleblower Act
Citation: 740 ILCS 174/1 et seq.
Available at: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2166&ChapterID=55

Exception 3: Contractual Agreements

Employment contracts, collective bargaining agreements, or implied contracts may limit an employer’s ability to terminate at-will. When a written employment contract specifies terms of employment or termination procedures, those contractual terms supersede the at-will presumption.

Source: Illinois Employment Contract Act voids certain restrictive agreements
Citation: 820 ILCS 15/1
Available at: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1290&ChapterID=68

Exception 4: Implied Covenant of Good Faith

While Illinois does not broadly recognize an implied covenant of good faith and fair dealing in employment relationships, certain circumstances may create implied contractual obligations through employee handbooks, policy manuals, or employer representations.

1.3 Labor Law vs. Employment Law in Illinois

Understanding the distinction between labor law and employment law helps clarify which protections and regulations apply to different workplace situations.

Employment Law encompasses the broader legal framework governing the employer-employee relationship. Employment law includes:

  • Wage and hour regulations under the Illinois Minimum Wage Law (820 ILCS 105/)
  • Anti-discrimination protections under the Illinois Human Rights Act (775 ILCS 5/)
  • Workplace safety requirements
  • Leave entitlements and accommodations
  • Hiring, termination, and workplace conduct standards
  • Individual employee rights and employer obligations

Labor Law specifically addresses the relationship between employers, employees, and labor organizations. Labor law covers:

  • Collective bargaining rights and processes
  • Union organizing and representation
  • Collective bargaining agreements
  • Labor disputes and strikes
  • Unfair labor practices
  • Rights of unionized workers

When Each Applies:

Employment law applies to all Illinois employees, regardless of union membership. All workers in Illinois have employment law protections related to wages, discrimination, and working conditions.

Labor law applies specifically when employees are represented by a union or engage in collective bargaining activities. The National Labor Relations Act (29 U.S.C. § 151) governs most private-sector labor relations, while the Illinois Public Labor Relations Act (5 ILCS 315/) governs public-sector labor relations in Illinois.

Source: National Labor Relations Act (federal)
Citation: 29 U.S.C. § 151 et seq.
Available at: https://www.nlrb.gov/guidance/key-reference-materials/national-labor-relations-act

Source: Illinois Public Labor Relations Act
Citation: 5 ILCS 315/
Available at: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=66&ChapterID=2

1.4 Right-to-Work Status

Illinois is not a right-to-work state. In states without right-to-work laws, union security agreements are permitted, allowing employers and unions to negotiate contracts that require all employees in a bargaining unit to pay union fees or dues as a condition of employment.

What This Means:

In Illinois workplaces with collective bargaining agreements, employees may be required to pay union fees even if they choose not to join the union as formal members. However, non-members cannot be required to pay for union activities unrelated to collective bargaining, such as political activities.

Legal Framework:

The absence of a right-to-work law in Illinois means that union security clauses in collective bargaining agreements are enforceable under both federal law (National Labor Relations Act) and Illinois law.

Source: Illinois does not have right-to-work legislation
Confirmed: Review of Illinois Compiled Statutes Chapter 820 (Employment)
Date: January 9, 2026

Employee Rights in Illinois

2.1 Wage and Hour Rights

Illinois has comprehensive wage and hour laws that establish minimum standards for employee compensation. These laws apply to most employers and employees throughout the state.

Minimum Wage

Current Illinois Minimum Wage (2026):

Amount: $15.00 per hour for employees age 18 and older
Effective Date: January 1, 2025 (remains unchanged for 2026)
Statutory Authority: Illinois Minimum Wage Law
Citation: 820 ILCS 105/4

According to the Illinois Department of Labor, the minimum wage reached $15.00 per hour on January 1, 2025, completing the scheduled increases established by Public Act 101-0001 in 2019.

Source: Illinois Minimum Wage Law
Citation: 820 ILCS 105/4
Official text: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2400&ChapterID=68
Agency confirmation: https://labor.illinois.gov/laws-rules/fls/minimum-wage-law.html
Last amended: Public Act 101-0001 (2019)

Minimum Wage for Youth Workers:

Workers Under Age 18: $13.00 per hour for the first 650 hours worked in any calendar year with an employer

Once a worker under age 18 has worked 650 hours for an employer in a calendar year, the employer must pay the full minimum wage of $15.00 per hour for all subsequent hours worked.

Source: Illinois Department of Labor – Minimum Wage FAQ
Citation: 820 ILCS 105/4
Available at: https://labor.illinois.gov/faqs/minimum-wage-overtime-faq.html
Administrative rule: 56 Ill. Adm. Code 210

Tipped Minimum Wage:

Base Rate for Tipped Employees: $9.00 per hour (effective January 1, 2025)

Employers may take a tip credit of up to 40% of the minimum wage, meaning tipped employees must receive at least $9.00 per hour from their employer. Combined with tips, the total must equal or exceed the full minimum wage of $15.00 per hour.

Training Wage for Tipped Employees: $9.00 per hour for the first 90 days of employment for employees age 18 and over when applying the tip credit

Source: Illinois Minimum Wage Law
Citation: 820 ILCS 105/4
Administrative rule: 56 Ill. Adm. Code 210.200
Available at: https://labor.illinois.gov/laws-rules/fls/minimum-wage-law.html

Training Wage (Non-Tipped Employees):

Employers may pay employees age 18 and over a training wage of $14.50 per hour for the first 90 days of employment. After 90 days, employees must receive the full minimum wage of $15.00 per hour.

Source: Illinois Department of Labor – Minimum Wage FAQ
Citation: 820 ILCS 105/4
Available at: https://labor.illinois.gov/faqs/minimum-wage-overtime-faq.html

Local Minimum Wage Ordinances:

Several Illinois municipalities have enacted minimum wage rates higher than the state minimum. Employees working within these jurisdictions are entitled to the higher local rate.

Chicago Minimum Wage (2026):

According to the City of Chicago, different rates apply based on employer size and whether employees receive tips. Current Chicago rates are available at the city’s official website.

Cook County Minimum Wage:

Cook County has enacted a minimum wage ordinance. The county minimum wage follows the state rate when the state rate is higher. Information on rates applicable in unincorporated Cook County is available from the county.

Note on Local Ordinances: When state and local minimum wage rates differ, employees are entitled to the higher rate. Employers must comply with the most stringent applicable requirement.

Overtime Requirements

Illinois Overtime Law:

Illinois follows the federal Fair Labor Standards Act (FLSA) overtime requirements. According to Illinois law, employees must receive overtime pay at a rate of one and one-half times their regular rate of pay for all hours worked over 40 in a workweek.

Statutory Requirement:

Citation: 820 ILCS 105/4a(1)
Text: “Any employee who works in excess of 40 hours in any workweek shall be paid overtime for all hours worked in excess of 40 hours during that workweek at a rate of at least 1 1/2 times the employee’s regular rate of pay.”

Source: Illinois Minimum Wage Law
Citation: 820 ILCS 105/4a(1)
Available at: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2400&ChapterID=68

Federal Overtime Requirements:

Federal law requires overtime pay for non-exempt employees who work more than 40 hours in a workweek.

Source: Fair Labor Standards Act
Citation: 29 U.S.C. § 207
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207
DOL guidance: https://www.dol.gov/agencies/whd/overtime

Daily Overtime:

Illinois does not require daily overtime pay. Overtime is calculated on a weekly basis only. However, if working additional hours causes an employee to exceed 40 hours in the workweek, those excess hours must be paid at the overtime rate.

Holiday and Weekend Work:

Illinois law does not require premium pay for work performed on weekends, holidays, or other specific days unless such work causes the employee to exceed 40 hours in the workweek. Employers may voluntarily provide premium pay for such work, but it is not legally mandated.

Source: Illinois Department of Labor – Minimum Wage/Overtime FAQ
Available at: https://labor.illinois.gov/faqs/minimum-wage-overtime-faq.html
Citation: 820 ILCS 105/4a(1)

Overtime Exemptions:

Certain categories of employees are exempt from overtime requirements. The Illinois Minimum Wage Law adopts the federal FLSA exemptions for executive, administrative, professional, and outside sales employees.

Source: Illinois Minimum Wage Law
Citation: 820 ILCS 105/4a(2)
Federal regulations: 29 C.F.R. Part 541
Available at: https://www.dol.gov/agencies/whd/overtime/2019-regulations

Key Exempt Categories:

To qualify for exemption, employees must meet both the salary basis test and the duties test established by federal regulations. Being paid a salary alone does not make an employee exempt from overtime.

Current salary thresholds and detailed exemption criteria are available from the U.S. Department of Labor’s guidance on white-collar exemptions.

Source: U.S. Department of Labor – Overtime Exemptions
Available at: https://www.dol.gov/agencies/whd/fact-sheets/17a-overtime

Meal and Rest Break Requirements

Illinois Meal Break Requirements:

Illinois requires meal breaks for certain employees. According to the Illinois Department of Labor:

Hotel Room Attendants:

The One Day Rest in Seven Act requires hotel room attendants to receive two paid 15-minute rest breaks and one 30-minute meal break if working at least 7 hours per day.

Source: One Day Rest in Seven Act
Citation: 820 ILCS 140/3
Available at: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1490&ChapterID=68

Employees Working at Least 7.5 Hours:

Illinois labor law requires employers to provide meal periods to employees who work 7.5 continuous hours or more. The meal period must be at least 20 minutes and must begin no later than 5 hours after the start of the work period.

Source: Illinois Department of Labor guidance
Available at: https://labor.illinois.gov/laws-rules/fls.html
Citation: 820 ILCS 140/ (One Day Rest in Seven Act)

Federal Standards:

Federal law does not require meal or rest breaks for adult employees. However, when employers offer short breaks (typically 5 to 20 minutes), federal law considers these breaks as compensable work time.

Source: U.S. Department of Labor
Statement: “Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours.”
Available at: https://www.dol.gov/general/topic/workhours/breaks

Rest Breaks:

Illinois does not have a general requirement for rest breaks beyond the specific provisions for hotel room attendants. Employers may voluntarily provide rest breaks as a matter of policy.

Final Paycheck Requirements

Timing of Final Wages:

When employment ends, either through termination or resignation, Illinois law establishes specific timeframes for payment of final wages.

Source: Illinois Wage Payment and Collection Act
Citation: 820 ILCS 115/5

According to the Illinois Wage Payment and Collection Act:

Text: “Every employer shall pay the compensation of all employees…at least semi-monthly. At the time of each payment of wages, every employer shall also give every such employee a pay stub covering the period of time for which the payment is made, but such a pay stub may, at the employer’s option, be a signed statement by such employee, given at the time of such payment, stating the total of the compensation.”

For Separated Employees:

Timeline: Final wages must be paid by the next regularly scheduled payday

Source: Illinois Wage Payment and Collection Act
Citation: 820 ILCS 115/5
Official text: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2402&ChapterID=68

Components of Final Pay:

Final paychecks must include:

  • All earned wages through the last day worked
  • Earned but unused commissions (subject to company policy terms)
  • Any other compensation owed under company policy or agreement

Unused Vacation Time:

Illinois law does not require employers to pay out unused vacation time upon separation unless the employer’s policy or contract provides for such payment. Employer vacation payout policies determine whether unused vacation is paid upon separation.

Source: Illinois Department of Labor guidance on wage payment
Available at: https://labor.illinois.gov/laws-rules/fls.html

Wage Payment Frequency

Illinois law requires regular payment of wages.

Statutory Requirements:

According to the Illinois Wage Payment and Collection Act:

Frequency: Employers must pay employees at least semi-monthly

Semi-monthly payment means employees must be paid at least twice per month.

Source: Illinois Wage Payment and Collection Act
Citation: 820 ILCS 115/3
Text: “Every employer shall pay all wages earned by each employee…at least semi-monthly.”
Official text: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2402&ChapterID=68

2.2 Paid Leave for All Workers Act

Illinois enacted the Paid Leave for All Workers Act (PLAWA), which became effective January 1, 2024. This law requires most Illinois employers to provide paid leave to their employees.

Statutory Authority:

Source: Paid Leave for All Workers Act
Citation: 820 ILCS 192/
Effective date: January 1, 2024
Official text: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=4351&ChapterID=68
Agency guidance: https://labor.illinois.gov/laws-rules/paidleave.html

Paid Leave Requirements

Leave Entitlement:

Under PLAWA, eligible employees are entitled to earn up to 40 hours of paid leave per 12-month period. Employees may use this leave for any reason of their choosing.

Accrual Method:

Employees accrue one hour of paid leave for every 40 hours worked.

Source: Paid Leave for All Workers Act
Citation: 820 ILCS 192/15(a)
Available at: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=4351&ChapterID=68

Front-Loading Option:

Alternatively, employers may front-load 40 hours of paid leave at the beginning of the 12-month period instead of using the accrual method.

Source: Paid Leave for All Workers Act
Citation: 820 ILCS 192/15(c)
Administrative rule: 56 Ill. Adm. Code 200.320

Using Paid Leave

When Leave Can Be Used:

Employees may begin using accrued paid leave 90 days after January 1, 2024, or 90 days after their start date, whichever is later.

Reason for Leave:

Employees may take paid leave for any reason and are not required to provide their employer with an explanation for using the leave.

Source: Illinois Department of Labor – PLAWA FAQ
Available at: https://labor.illinois.gov/faqs/paidleavefaq.html

Minimum Increments:

Employers may require employees to use paid leave in minimum increments of up to two hours. However, these hours do not need to be taken consecutively within the same day.

Source: Paid Leave for All Workers Act
Citation: 820 ILCS 192/15
Administrative rule: 56 Ill. Adm. Code 200

Carryover and Cap

Carryover:

Under the accrual method, employees may carry over up to 40 hours of unused paid leave to the following 12-month period. However, employees cannot use more than 40 hours of paid leave in a single 12-month period.

No Carryover for Front-Loaded Leave:

When employers choose to front-load 40 hours of paid leave, unused leave does not carry over to the next 12-month period.

Source: Paid Leave for All Workers Act
Citation: 820 ILCS 192/15(i)
Administrative rule: 56 Ill. Adm. Code 200.320

Employer Obligations Under PLAWA

Notice Requirements:

Employers must provide written notice to employees of their rights under PLAWA.

Recordkeeping:

Employers must maintain records of hours worked and paid leave accrued and used for at least three years.

Source: Paid Leave for All Workers Act
Citation: 820 ILCS 192/15
Available at: https://labor.illinois.gov/laws-rules/paidleave.html

Exemptions

Exempt Employers:

Certain employers are exempt from PLAWA requirements, including:

  • Employers covered by a municipal or county paid leave ordinance that was in effect on January 1, 2024
  • Employers with qualifying pre-existing paid leave policies that provide at least 40 hours of paid leave that employees can use for any reason

Construction Industry:

Employees in the construction industry covered by a collective bargaining agreement may be exempt under certain conditions.

Source: Paid Leave for All Workers Act
Citation: 820 ILCS 192/15(p)
Administrative rule: 56 Ill. Adm. Code 200

Relationship to Local Ordinances

Chicago and Cook County:

The City of Chicago and Cook County have enacted their own paid leave ordinances with different requirements. Local requirements may provide greater benefits than PLAWA for employees working in these jurisdictions.

Local Ordinance Compliance:

When both PLAWA and a local ordinance apply, employees are generally entitled to the greater benefit. Employers must comply with both state and applicable local requirements.

Source: Illinois Department of Labor – PLAWA FAQ
Available at: https://labor.illinois.gov/faqs/paidleavefaq.html
Citation: 820 ILCS 192/15(p)

2.3 Other Leave Rights

Family and Medical Leave

Federal FMLA:

The federal Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons.

Eligibility:

Employees are eligible for FMLA leave if they:

  • Work for a covered employer (50 or more employees within 75 miles)
  • Have worked for the employer for at least 12 months
  • Have worked at least 1,250 hours during the 12 months before leave

Covered Reasons:

FMLA leave may be taken for:

  • Birth and care of a newborn child
  • Placement of a child for adoption or foster care
  • Care for a spouse, child, or parent with a serious health condition
  • The employee’s own serious health condition
  • Qualifying exigencies related to military service
  • Care for a covered servicemember (up to 26 weeks)

Source: Family and Medical Leave Act
Citation: 29 U.S.C. § 2601 et seq.
Official text: https://www.dol.gov/agencies/whd/fmla
Regulations: 29 C.F.R. Part 825

Illinois State Leave:

Illinois does not have a separate state family and medical leave law comparable to the federal FMLA. Illinois employees rely on federal FMLA protections for family and medical leave.

Victims’ Economic Security and Safety Act (VESSA)

VESSA Leave:

The Illinois Victims’ Economic Security and Safety Act provides unpaid leave for employees who are victims of domestic or sexual violence.

Leave Entitlement:

Eligible employees may take up to 12 weeks of unpaid leave in a 12-month period for purposes related to domestic or sexual violence, including:

  • Seeking medical attention for injuries
  • Obtaining victim services from a victim services organization
  • Obtaining psychological or other counseling
  • Participating in safety planning
  • Temporarily or permanently relocating
  • Seeking legal assistance or participating in legal proceedings

Eligibility:

VESSA applies to employers with at least one employee. Employees are eligible if they:

  • Are victims of domestic or sexual violence, or
  • Have a family or household member who is a victim

Source: Victims’ Economic Security and Safety Act
Citation: 820 ILCS 180/
Official text: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68
Agency information: https://labor.illinois.gov/laws-rules/fls.html

Jury Duty Leave

Illinois Jury Duty Protection:

Illinois law prohibits employers from discharging or threatening to discharge employees who serve on jury duty.

Source: Illinois Code of Civil Procedure
Citation: 735 ILCS 5/2-1001
Available at: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2298&ChapterID=59

Pay During Jury Duty:

Illinois law does not require employers to pay employees for time spent on jury duty. However, employers may voluntarily provide paid leave for jury service.

Military Leave

Federal USERRA:

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the civilian employment rights of service members.

Source: Uniformed Services Employment and Reemployment Rights Act
Citation: 38 U.S.C. § 4301 et seq.
Official text: https://www.dol.gov/agencies/vets/programs/userra

Illinois Military Leave:

The Illinois Service Member Employment and Reemployment Rights Act (ISERRA) provides protections similar to USERRA for members of the Illinois National Guard and other state military forces.

Source: Illinois Service Member Employment and Reemployment Rights Act
Citation: 820 ILCS 148/
Available at: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3513&ChapterID=68

Discrimination Laws in Illinois

3.1 Overview of Employment Discrimination Protections

Illinois provides comprehensive protections against employment discrimination through the Illinois Human Rights Act (IHRA). The IHRA prohibits discrimination in all aspects of employment, including hiring, promotion, compensation, termination, and other terms and conditions of employment.

Legal Framework:

The Illinois Human Rights Act was enacted on December 6, 1979, creating broad civil rights coverage for Illinois residents. The Act has been amended multiple times to expand protections.

Source: Illinois Human Rights Act
Citation: 775 ILCS 5/1-101 et seq.
Official text: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2266&ChapterID=64
Effective date: December 6, 1979

Employer Coverage:

The Illinois Human Rights Act applies to:

Private Employers: Any person employing one or more employees in Illinois during 20 or more calendar weeks within the calendar year of or preceding the alleged violation (effective July 1, 2020)

Source: Illinois Human Rights Act
Citation: 775 ILCS 5/2-101(B)(1)(a)
Text: “Employer includes: (a) Any person employing one or more employees within Illinois during 20 or more calendar weeks within the calendar year of or preceding the alleged violation”
Effective date: July 1, 2020

Government Employers: The State of Illinois and any political subdivision, municipal corporation, or other governmental unit or agency, regardless of the number of employees

Source: Illinois Human Rights Act
Citation: 775 ILCS 5/2-101(B)(1)(c)
Available at: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2266&ChapterID=64

Areas of Protection:

The Illinois Human Rights Act prohibits discrimination in:

  • Employment decisions (hiring, firing, promotion, demotion, discipline)
  • Terms and conditions of employment
  • Compensation and benefits
  • Training and apprenticeship opportunities
  • Job advertisements and applications
  • Pre-employment inquiries
  • All other aspects of the employment relationship

3.2 Protected Classes Under Illinois Law

The Illinois Human Rights Act and federal law establish multiple protected classes. Discrimination based on membership in these classes is prohibited.

Illinois Protected Classes:

According to the Illinois Human Rights Act, the following characteristics are protected from discrimination in employment:

Source: Illinois Human Rights Act
Citation: 775 ILCS 5/1-103 (Definitions) and 775 ILCS 5/2-102 (Civil Rights Violations)
Available at: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2266&ChapterID=64

Complete List of Illinois Protected Classes:

1. Race

Definition: “Race” includes traits historically associated with race, including hair texture and protective hairstyles such as braids, locks, and twists.

Source: 775 ILCS 5/1-103(Q)

2. Color

Definition: Refers to pigmentation or skin color.

3. Religion

Definition: Includes all aspects of religious observance, practice, and belief.

Source: 775 ILCS 5/1-103

4. Sex

Definition: Includes pregnancy, childbirth, and medical or common conditions related to pregnancy or childbirth.

Source: 775 ILCS 5/1-103(O-4)

5. National Origin

Definition: The country where a person was born or the country from which their ancestors came.

6. Ancestry

Definition: Refers to a person’s ethnic or ancestral background.

7. Age (40 and over)

Definition: Protects individuals age 40 and older from age-based discrimination.

Source: 775 ILCS 5/1-103(A)

8. Order of Protection Status

Definition: Being a person protected under an order of protection issued under Illinois law.

Source: 775 ILCS 5/1-103(P)

9. Marital Status

Definition: The legal status of being married, single, separated, divorced, or widowed.

Source: 775 ILCS 5/1-103(L)

10. Physical Disability

Definition: A determinable physical characteristic of a person, including but not limited to a determinable physical characteristic that necessitates the person’s use of a guide, hearing, or support dog; a guide, hearing, or support dog trainer; or a person who is subject to record of impairment or is regarded as having such an impairment.

Source: 775 ILCS 5/1-103(I)

11. Mental Disability

Definition: A mental or psychological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the body systems.

Source: 775 ILCS 5/1-103(I)

12. Military Status

Definition: A person’s status on active duty in or status as a veteran of the armed forces of the United States, status as a current member or veteran of any reserve component of the armed forces of the United States, or status as a current member or veteran of the Illinois Army National Guard or Illinois Air National Guard.

Source: 775 ILCS 5/1-103(J-1)

13. Sexual Orientation

Definition: Actual or perceived heterosexuality, homosexuality, bisexuality, or gender-related identity, whether or not traditionally associated with the person’s designated sex at birth.

Source: 775 ILCS 5/1-103(O-1)

14. Pregnancy

Definition: Includes pregnancy, childbirth, and medical or common conditions related to pregnancy or childbirth. Protected as a distinct category in addition to sex discrimination.

15. Unfavorable Military Discharge

Definition: A discharge from military service that is other than honorable.

Source: 775 ILCS 5/1-103(R)

16. Citizenship Status

Definition: Relates to whether an individual is a citizen or lawfully authorized to work in the United States. Protects against discrimination based on citizenship or immigration status except as required by law.

Source: 775 ILCS 5/1-103(B-5)

17. Arrest Record

Definition: Protects against discrimination based on an arrest record (in employment and housing contexts, with certain exceptions).

Source: 775 ILCS 5/2-103

18. Family Responsibilities

Definition (Effective January 1, 2025): An employee’s actual or perceived provision of personal care to a family member, including activities to ensure basic medical, hygiene, nutritional, or safety needs are met.

Source: Illinois Human Rights Act amendment
Citation: 775 ILCS 5/2-102(E) and 775 ILCS 5/2-104(E)
Effective date: January 1, 2025

According to Illinois law: “It is a civil rights violation for an employer to discriminate against, harass, or retaliate against an individual on the basis of family responsibilities.”

Note: Employers are not required to make accommodations or modifications for family responsibilities, as long as workplace rules are applied consistently.

19. Reproductive Health Decisions

Definition (Effective January 1, 2025): A person’s decisions regarding their use of contraception, fertility or sterilization care, assisted reproductive technologies, miscarriage management care, health care related to pregnancy continuation or termination, and prenatal, intranatal, or postnatal care.

Source: Illinois Human Rights Act amendment
Citation: 775 ILCS 5/1-103(O-2)
Effective date: January 1, 2025

Federal Protected Classes:

Federal laws provide additional protections that apply to Illinois employers:

Title VII of the Civil Rights Act of 1964 protects against discrimination based on:

  • Race
  • Color
  • Religion
  • Sex (including pregnancy, sexual orientation, and gender identity as interpreted by federal courts)
  • National origin

Source: Title VII of the Civil Rights Act
Citation: 42 U.S.C. § 2000e-2
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-2
EEOC guidance: https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964

Age Discrimination in Employment Act (ADEA) protects individuals age 40 and older:

Source: Age Discrimination in Employment Act
Citation: 29 U.S.C. § 621 et seq.
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-chapter14
EEOC guidance: https://www.eeoc.gov/age-discrimination

Americans with Disabilities Act (ADA) protects qualified individuals with disabilities:

Source: Americans with Disabilities Act
Citation: 42 U.S.C. § 12101 et seq.
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-chapter126
EEOC guidance: https://www.eeoc.gov/disability-discrimination

Genetic Information Nondiscrimination Act (GINA) protects against discrimination based on genetic information:

Source: Genetic Information Nondiscrimination Act
Citation: 42 U.S.C. § 2000ff et seq.
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-chapter21F
EEOC guidance: https://www.eeoc.gov/genetic-information-discrimination

3.3 Types of Prohibited Discrimination

The Illinois Human Rights Act prohibits various forms of discriminatory conduct in employment.

Disparate Treatment:

Disparate treatment occurs when an employer treats an individual differently because of a protected characteristic. This is intentional discrimination based on membership in a protected class.

Examples of disparate treatment include:

  • Refusing to hire qualified applicants because of their race or religion
  • Paying employees differently based on sex or national origin
  • Denying promotions to individuals because of age
  • Terminating employees because of disability

Disparate Impact:

Disparate impact discrimination occurs when an employer’s policy or practice appears neutral but has a disproportionately negative effect on members of a protected class.

Harassment:

Definition:

According to the Illinois Human Rights Act, harassment based on a protected characteristic constitutes discrimination when it creates a hostile work environment or results in an adverse employment action.

Source: Illinois Human Rights Act
Citation: 775 ILCS 5/2-102(D)
Available at: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2266&ChapterID=64

Harassment includes:

  • Unwelcome conduct based on a protected characteristic
  • Conduct that creates an intimidating, hostile, or offensive work environment
  • Conduct that unreasonably interferes with work performance

Retaliation:

Retaliation occurs when an employer takes adverse action against an employee because the employee:

  • Opposed discriminatory practices
  • Filed a discrimination complaint
  • Participated in a discrimination investigation or proceeding
  • Testified, assisted, or participated in an investigation under the Illinois Human Rights Act

Source: Illinois Human Rights Act
Citation: 775 ILCS 5/6-101
Text: “It is a civil rights violation for any person, or for 2 or more persons to conspire, to retaliate against a person because he or she has opposed that which he or she reasonably and in good faith believes to be unlawful discrimination, sexual harassment in employment or sexual harassment in higher education, because he or she has made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under this Act.”

3.4 Sexual Harassment

Sexual harassment is a specific form of sex discrimination prohibited under both Illinois and federal law.

Legal Definition:

According to the Illinois Human Rights Act:

Citation: 775 ILCS 5/2-102(D)
Text: “For any employer, employee, agent of any employer, employment agency or labor organization to engage in sexual harassment; provided, that an employer shall be responsible for sexual harassment of the employer’s employees by nonemployees or nonmanagerial and nonsupervisory employees only if the employer becomes aware of the conduct and fails to take reasonable corrective measures.”

Types of Sexual Harassment:

1. Quid Pro Quo Harassment:

Quid pro quo harassment occurs when:

  • Submission to unwelcome sexual conduct is made a term or condition of employment
  • Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual

Examples include:

  • Requiring sexual favors in exchange for a promotion or raise
  • Threatening termination for refusing sexual advances
  • Conditioning job benefits on submission to sexual demands

2. Hostile Work Environment:

A hostile work environment exists when:

  • Unwelcome sexual conduct is severe or pervasive enough to create an abusive working environment
  • The conduct unreasonably interferes with an employee’s work performance
  • The conduct creates an intimidating, hostile, or offensive work environment

Examples include:

  • Repeated unwanted sexual comments or jokes
  • Display of sexually explicit materials
  • Unwanted physical contact of a sexual nature
  • Sexually suggestive remarks about appearance or body

Employer Liability:

Employers are liable for sexual harassment by:

  • Supervisors and managers (strict liability)
  • Co-workers (when the employer knew or should have known of the harassment and failed to take prompt corrective action)
  • Non-employees (when the employer becomes aware of the conduct and fails to take reasonable corrective measures)

Source: Illinois Human Rights Act
Citation: 775 ILCS 5/2-102(D)

Sexual Harassment Prevention Training Requirements:

Illinois requires sexual harassment prevention training for certain employers.

Training Mandate:

According to the Illinois Workplace Transparency Act, employers with employees working in Illinois must provide annual sexual harassment prevention training to all employees.

Source: Workplace Transparency Act
Citation: 775 ILCS 5/2-109
Effective date: January 1, 2020
Available at: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2266&ChapterID=64

Training Requirements:

The training must include:

  • An explanation of sexual harassment as defined by Illinois and federal law
  • Examples of conduct that constitutes sexual harassment
  • A summary of relevant federal and state statutory provisions
  • Remedies available to victims of sexual harassment
  • Employer responsibilities in prevention, investigation, and corrective measures

Model Training:

The Illinois Department of Human Rights has developed a model sexual harassment prevention training program that employers may use to satisfy the training requirement.

Source: Illinois Department of Human Rights
Available at: https://dhr.illinois.gov/

Restaurant Industry Requirement:

Employers in the restaurant industry must provide supplemental sexual harassment prevention training that addresses specific issues in restaurant and bar settings.

Source: Workplace Transparency Act
Citation: 775 ILCS 5/2-109(B)

3.5 Enforcement and Remedies

Employees who believe they have experienced discrimination have multiple avenues for seeking relief.

Administrative Remedies:

Illinois Department of Human Rights (IDHR):

Employees may file a charge of discrimination with the Illinois Department of Human Rights. The IDHR investigates charges and determines whether substantial evidence of discrimination exists.

Filing Deadline:

Charges must be filed with IDHR within 2 years of the alleged discriminatory act (extended from 300 days effective for charges filed after a certain date).

Source: Illinois Human Rights Act
Citation: 775 ILCS 5/7A-102
Text: “A charge shall be filed within 2 years after the date that the alleged civil rights violation occurred.”
Available at: https://dhr.illinois.gov/filing-a-charge.html

Note: The filing deadline was extended from 300 days to 2 years by recent amendments to the Illinois Human Rights Act.

Equal Employment Opportunity Commission (EEOC):

For violations of federal law, employees may file charges with the Equal Employment Opportunity Commission.

Federal Filing Deadline:

EEOC charges must be filed within 300 days of the alleged discriminatory act in states with fair employment practices agencies (such as Illinois).

Source: Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/filing-charge-discrimination

Dual Filing:

Illinois has a work-sharing agreement with the EEOC. Charges filed with either agency are automatically cross-filed with the other, allowing employees to pursue both state and federal remedies.

Judicial Remedies:

After exhausting administrative remedies, employees may file lawsuits in state or federal court.

Available Remedies:

If discrimination is proven, remedies may include:

  • Back pay (lost wages from the date of discrimination)
  • Front pay (future lost earnings when reinstatement is not feasible)
  • Reinstatement or promotion
  • Compensatory damages (emotional distress, mental anguish)
  • Punitive damages (in cases of intentional discrimination)
  • Attorney’s fees and costs
  • Injunctive relief (requiring the employer to change policies or practices)

Source: Illinois Human Rights Act
Citation: 775 ILCS 5/8A-104
Available at: https://hrc.illinois.gov/

Reasonable Accommodations

4.1 Disability Accommodations Under Illinois and Federal Law

Both the Illinois Human Rights Act and the federal Americans with Disabilities Act (ADA) require employers to provide reasonable accommodations to qualified individuals with disabilities.

Legal Framework:

Illinois Human Rights Act:

Source: Illinois Human Rights Act
Citation: 775 ILCS 5/2-102(A)(2)
Available at: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2266&ChapterID=64

Americans with Disabilities Act:

Source: Americans with Disabilities Act
Citation: 42 U.S.C. § 12112(b)(5)(A)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12112
EEOC guidance: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

Who Is Covered:

Qualified Individual with a Disability:

A qualified individual with a disability is someone who:

  • Has a physical or mental impairment that substantially limits one or more major life activities
  • Has a record of such an impairment
  • Is regarded as having such an impairment
  • Can perform the essential functions of the job with or without reasonable accommodation

Major Life Activities:

Major life activities include but are not limited to:

  • Caring for oneself
  • Performing manual tasks
  • Seeing, hearing, eating, sleeping, walking, standing, lifting, bending
  • Speaking, breathing, learning, reading, concentrating, thinking, communicating
  • Working
  • Operation of major bodily functions (immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, reproductive functions)

Source: 42 U.S.C. § 12102

What Is a Reasonable Accommodation:

A reasonable accommodation is any change in the work environment or in the way a job is performed that enables a qualified individual with a disability to:

  • Apply for a job
  • Perform the essential functions of a job
  • Enjoy equal benefits and privileges of employment

Examples of Reasonable Accommodations:

  • Modifying work schedules or allowing flexible schedules
  • Providing or modifying equipment or devices
  • Adjusting or modifying examinations, training materials, or policies
  • Providing qualified readers or interpreters
  • Making existing facilities accessible
  • Restructuring jobs
  • Reassigning to a vacant position
  • Allowing leave as an accommodation
  • Providing reserved parking spaces
  • Modifying supervisor methods or communication

Source: EEOC Guidance on Reasonable Accommodation
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

4.2 The Interactive Process

When an employee requests an accommodation, employers must engage in an interactive process to determine appropriate accommodations.

Steps in the Interactive Process:

Step 1: Employee Requests Accommodation

The employee initiates the process by requesting an accommodation. The request can be made orally or in writing and does not need to use specific language.

Step 2: Employer Gathers Information

The employer may request documentation regarding the disability and functional limitations. Employers may ask for:

  • Verification that the employee has a disability as defined by law
  • Information about functional limitations that require accommodation
  • Suggestions for possible accommodations

Medical Documentation:

Employers may request medical information sufficient to establish that the employee has a disability and needs accommodation. However, employers cannot request an employee’s complete medical records or information unrelated to the accommodation request.

Step 3: Identify Accommodation Options

The interactive process involves communication between employer and employee to identify potential accommodations. The employer may consider suggested accommodations but is not required to provide the specific accommodation requested if an alternative effective accommodation is available.

Step 4: Choose and Implement Accommodation

The employer selects and implements an appropriate accommodation. The employer may choose among effective accommodations and may select the least expensive or easiest option to implement.

Step 5: Monitor Effectiveness

After implementing an accommodation, monitoring its effectiveness may be necessary. If the accommodation is not effective, the interactive process may resume to identify alternative solutions.

Good Faith Participation:

Both employers and employees must participate in the interactive process in good faith. Failure to engage in the interactive process can result in liability, even if a reasonable accommodation ultimately would have been possible.

4.3 Undue Hardship Exception

Employers are not required to provide accommodations that would impose an undue hardship on the operation of the business.

Definition of Undue Hardship:

An accommodation creates an undue hardship if it results in significant difficulty or expense when considered in light of:

  • The nature and cost of the accommodation
  • The overall financial resources of the facility making the accommodation
  • The number of employees at the facility
  • The effect on expenses and resources
  • The impact on facility operations
  • The overall financial resources of the covered entity
  • The size, type, and operations of the covered entity
  • The geographic separateness and administrative or fiscal relationship of the facility to the covered entity

Source: Americans with Disabilities Act
Citation: 42 U.S.C. § 12111(10)
Regulations: 29 C.F.R. § 1630.2(p)

Burden of Proof:

The employer bears the burden of proving that a particular accommodation would impose an undue hardship. The determination must be made on a case-by-case basis.

Factors Considered:

Courts consider multiple factors in undue hardship determinations:

  • The cost of the accommodation in relation to the employer’s budget and resources
  • Whether the accommodation would fundamentally alter the nature of the business
  • Whether the accommodation would pose a direct threat to health or safety
  • The impact on other employees or business operations

Not an Undue Hardship:

The following generally do not constitute undue hardships:

  • Employee morale concerns
  • Customer preference
  • Co-worker resentment
  • Minor inconvenience
  • Modest costs relative to employer resources

4.4 Religious Accommodations

Employers must provide reasonable accommodations for employees’ sincerely held religious beliefs, practices, and observances unless doing so would cause undue hardship.

Legal Requirement:

Federal Law:

Title VII of the Civil Rights Act prohibits religious discrimination and requires reasonable accommodation of religious practices.

Source: Title VII of the Civil Rights Act
Citation: 42 U.S.C. § 2000e(j)
Text: “The term ‘religion’ includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee’s or prospective employee’s religious observance or practice without undue hardship on the conduct of the employer’s business.”
EEOC guidance: https://www.eeoc.gov/laws/guidance/what-you-should-know-workplace-religious-accommodation

Illinois Law:

The Illinois Human Rights Act prohibits religious discrimination and incorporates religious accommodation requirements.

Source: Illinois Human Rights Act
Citation: 775 ILCS 5/2-102
Available at: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2266&ChapterID=64

Types of Religious Accommodations:

Common religious accommodations include:

  • Schedule changes to observe religious holidays or Sabbath
  • Dress code modifications to permit religious attire (head coverings, religious jewelry, beards)
  • Flexibility in grooming requirements for religious practices
  • Private space for prayer or religious observance
  • Exemptions from certain job duties that conflict with religious beliefs

Undue Hardship for Religious Accommodation:

For religious accommodations, undue hardship has a different standard than for disability accommodations. Under Title VII, an accommodation causes undue hardship if it imposes more than a de minimis (minimal) cost or burden on the employer.

Note: The U.S. Supreme Court in Groff v. DeJoy (2023) clarified that undue hardship requires showing substantial increased costs in relation to the conduct of the employer’s particular business.

4.5 Pregnancy Accommodations

Illinois law provides strong protections for pregnant employees and requires reasonable accommodations for pregnancy, childbirth, and related medical conditions.

Illinois Pregnancy Accommodation Requirements:

The Illinois Human Rights Act explicitly addresses pregnancy accommodation.

Source: Illinois Human Rights Act
Citation: 775 ILCS 5/2-102(A)(2)
Available at: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2266&ChapterID=64

According to Illinois law, employers must make reasonable accommodations for employees affected by pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth.

Examples of Pregnancy Accommodations:

  • More frequent or longer breaks
  • Time off for medical appointments
  • Modifications to work schedules or job duties
  • Assistance with lifting or carrying
  • Temporary transfer to a less strenuous position
  • Permission to sit while working
  • Access to water and ability to drink as needed

No Undue Hardship Requirement:

Unlike disability accommodations, Illinois law does not require pregnant employees to show undue hardship. Illinois provides broader pregnancy accommodation rights than federal law.

Federal Pregnancy Protections:

The federal Pregnancy Discrimination Act prohibits discrimination based on pregnancy, childbirth, or related medical conditions.

Source: Pregnancy Discrimination Act (amendment to Title VII)
Citation: 42 U.S.C. § 2000e(k)
EEOC guidance: https://www.eeoc.gov/pregnancy-discrimination

The Pregnant Workers Fairness Act (PWFA), effective June 27, 2023, requires covered employers to provide reasonable accommodations to qualified employees’ known limitations related to pregnancy, childbirth, or related medical conditions.

Source: Pregnant Workers Fairness Act
Citation: 42 U.S.C. § 2000gg
EEOC guidance: https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act

Accommodation Request Process:

Under federal and Illinois law, the accommodation process is initiated when an employee notifies an employer of a need for workplace adjustment due to a medical condition, disability, religious practice, or pregnancy. The law does not require specific language or written notification.

Interactive Process Requirement:

Federal and Illinois regulations require employers to engage in an interactive process when an accommodation is requested. This process involves communication between employer and employee to identify potential accommodations.

Medical Documentation:

Employers may request medical information sufficient to establish that the employee has a disability and requires accommodation. Employers cannot request complete medical records or information unrelated to the accommodation request.

Confidentiality Requirements:

Medical information obtained during the accommodation process must be kept confidential and stored separately from personnel files under federal ADA regulations.

Employer Obligations in Illinois

5.1 Required Workplace Postings

Illinois employers must display specific labor law posters and notices in conspicuous locations where employees can easily see them. Both federal and state law mandate these postings.

Illinois State Required Posters:

Illinois Minimum Wage Poster:

Employers must post a notice providing information about the Illinois minimum wage, overtime requirements, and employee rights under the Illinois Minimum Wage Law.

Source: Illinois Department of Labor
Citation: 820 ILCS 105/12
Available at: https://labor.illinois.gov/laws-rules/fls/posters.html
Poster download: Available from Illinois Department of Labor website

Your Rights Under Illinois Employment Laws:

This poster informs employees of their rights under various Illinois labor laws.

Source: Illinois Department of Labor
Available at: https://labor.illinois.gov/laws-rules/fls/posters.html

Victims’ Economic Security and Safety Act (VESSA) Poster:

Employers must notify employees of their rights under VESSA to take unpaid leave for domestic or sexual violence situations.

Source: VESSA requirements
Citation: 820 ILCS 180/
Poster available at: https://labor.illinois.gov/laws-rules/fls/posters.html

Illinois Human Rights Act Poster:

Employers must post information about employee rights under the Illinois Human Rights Act, including protected classes and how to file discrimination complaints.

Source: Illinois Department of Human Rights
Available at: https://dhr.illinois.gov/
Poster download: https://dhr.illinois.gov/publications.html

Day and Temporary Labor Services Act Poster:

This poster applies to day and temporary labor service agencies and must be displayed at each location.

Source: Day and Temporary Labor Services Act
Citation: 820 ILCS 175/
Available at: https://labor.illinois.gov/laws-rules/fls/posters.html

Paid Leave for All Workers Act Notice:

Employers covered by the Paid Leave for All Workers Act must provide written notice to employees regarding their rights under the law.

Source: Paid Leave for All Workers Act
Citation: 820 ILCS 192/
Available at: https://labor.illinois.gov/laws-rules/paidleave.html

Right to Be Free from Discrimination Due to Reproductive Health Decisions:

Employers must post notice of the prohibition on discrimination based on reproductive health decisions (effective January 1, 2025).

Source: Illinois Human Rights Act amendments
Citation: 775 ILCS 5/
Effective: January 1, 2025

Child Labor Law Poster:

Employers who employ minors must post information about child labor laws and restrictions.

Source: Illinois Department of Labor
Citation: 820 ILCS 205/
Available at: https://labor.illinois.gov/laws-rules/fls/posters.html

Equal Pay Act Poster:

Information about equal pay requirements must be posted.

Source: Illinois Equal Pay Act
Citation: 820 ILCS 112/
Available at: https://labor.illinois.gov/laws-rules/fls/posters.html

Unemployment Insurance Notice:

Employers must display information about unemployment insurance benefits.

Source: Illinois Department of Employment Security
Available at: https://ides.illinois.gov/

Employee Classification Act Poster:

Notice regarding employee classification and independent contractor status must be posted.

Source: Illinois Department of Labor
Available at: https://labor.illinois.gov/laws-rules/fls/posters.html

Workplace Transparency Act Notice:

Information regarding sexual harassment prevention training and complaint procedures.

Source: Workplace Transparency Act
Citation: 775 ILCS 5/2-109
Available at: https://dhr.illinois.gov/

Federal Required Posters:

Fair Labor Standards Act (FLSA) Poster:

The Employee Rights Under the Fair Labor Standards Act poster informs employees of federal minimum wage, overtime, and child labor requirements.

Source: U.S. Department of Labor, Wage and Hour Division
Available at: https://www.dol.gov/agencies/whd/posters
Poster download: https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/minwagep.pdf

Occupational Safety and Health Administration (OSHA) Poster:

“Job Safety and Health: It’s the Law” poster informs employees of workplace safety rights.

Source: Occupational Safety and Health Administration
Available at: https://www.osha.gov/publications/osha3165
Poster download: Available in multiple languages from OSHA website

Equal Employment Opportunity (EEO) Poster:

“EEO is the Law” poster describes federal laws prohibiting job discrimination.

Source: Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/poster
Poster download: https://www.eeoc.gov/sites/default/files/2023-06/EEOC_KnowYourRights_screen_reader_10_20.pdf

Employee Polygraph Protection Act Poster:

This poster informs employees that most private employers cannot require lie detector tests.

Source: U.S. Department of Labor, Wage and Hour Division
Available at: https://www.dol.gov/agencies/whd/posters

Family and Medical Leave Act (FMLA) Poster:

Employers with 50 or more employees must post information about FMLA leave rights.

Source: U.S. Department of Labor
Available at: https://www.dol.gov/agencies/whd/fmla/posters

Uniformed Services Employment and Reemployment Rights Act (USERRA) Poster:

Information about military service members’ employment rights must be posted.

Source: U.S. Department of Labor, Veterans’ Employment and Training Service
Available at: https://www.dol.gov/agencies/vets/programs/userra/poster

Employee Rights Under the National Labor Relations Act:

This poster informs employees of their rights to organize and engage in collective bargaining.

Source: National Labor Relations Board
Available at: https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/interfering-with-employee-rights-section-7-8a1

Posting Requirements:

All required posters must be displayed in:

  • Conspicuous locations where employees can easily see them
  • Each establishment where employees work
  • Languages spoken by employees if translations are available
  • Physical and/or electronic formats accessible to all employees, including remote workers

Penalties for Non-Compliance:

Failure to post required notices can result in penalties, fines, and potential liability in employment disputes.

5.2 New Hire Reporting

Illinois employers must report all newly hired or rehired employees to the Illinois Department of Employment Security (IDES).

Reporting Requirement:

Source: Illinois New Hire Reporting law
Citation: 820 ILCS 405/1900
Agency: Illinois Department of Employment Security
Available at: https://ides.illinois.gov/employers.html

Timeline:

Employers must report new hires within 20 days of the employee’s first day of work. However, employers who report electronically may report twice per month, as long as reports are submitted at least 12 to 16 days apart.

Information Required:

Employers must report:

  • Employer name, address, and federal Employer Identification Number (EIN)
  • Employee name, address, and Social Security number
  • Employee’s date of hire

Reporting Methods:

New hire reports can be submitted:

  • Online through the IDES website
  • By fax
  • By mail
  • Through third-party payroll service providers

Source: Illinois Department of Employment Security
Website: https://ides.illinois.gov/
New hire reporting information: Available on IDES website

Purpose of New Hire Reporting:

New hire reporting helps:

  • Locate parents who owe child support
  • Prevent fraudulent unemployment insurance and workers’ compensation claims
  • Verify employment for public assistance programs

5.3 Recordkeeping Requirements

Illinois employers must maintain accurate employment records as required by state and federal law.

Illinois Recordkeeping Requirements:

Wage and Hour Records:

Under the Illinois Wage Payment and Collection Act and Illinois Minimum Wage Law, employers must maintain records including:

  • Employee’s name, address, and occupation
  • Rate of pay
  • Hours worked each day and week
  • Total wages paid each pay period
  • Deductions from wages
  • Pay period dates
  • Date of payment

Retention Period: 3 years (for wage and hour records)

Source: Illinois Wage Payment and Collection Act
Citation: 820 ILCS 115/10
Available at: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2402&ChapterID=68

Source: Illinois Minimum Wage Law
Citation: 820 ILCS 105/8
Available at: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2400&ChapterID=68

Paid Leave Records:

Under the Paid Leave for All Workers Act, employers must maintain records showing:

  • Hours worked by each employee
  • Paid leave accrued by each employee
  • Paid leave used by each employee

Retention Period: 3 years

Source: Paid Leave for All Workers Act
Citation: 820 ILCS 192/
Available at: https://labor.illinois.gov/laws-rules/paidleave.html

Personnel Records:

Under the Illinois Personnel Record Review Act, employers must maintain employee personnel records and allow employees to review their records upon request.

Source: Illinois Personnel Record Review Act
Citation: 820 ILCS 40/
Available at: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1502&ChapterID=68

Federal Recordkeeping Requirements:

Fair Labor Standards Act (FLSA) Records:

Records of hours worked, wages paid, and other employment information must be kept for at least 3 years.

Source: Fair Labor Standards Act
Regulations: 29 C.F.R. § 516
Available at: https://www.dol.gov/agencies/whd/fact-sheets/21-recordkeeping

Equal Employment Opportunity Records:

Under Title VII and other EEO laws, employers must maintain employment records for specified periods (generally 1 year from the date of the record or the personnel action).

Source: Equal Employment Opportunity Commission
Regulations: 29 C.F.R. § 1602
Available at: https://www.eeoc.gov/recordkeeping-requirements

Form I-9 Records:

Employment eligibility verification forms (Form I-9) must be retained for 3 years after the date of hire or 1 year after employment ends, whichever is later.

Source: U.S. Citizenship and Immigration Services
Available at: https://www.uscis.gov/i-9

Family and Medical Leave Act Records:

FMLA records must be kept for at least 3 years.

Source: U.S. Department of Labor
Regulations: 29 C.F.R. § 825.500
Available at: https://www.dol.gov/agencies/whd/fmla

5.4 Form I-9 and E-Verify

All U.S. employers must verify the identity and employment authorization of all employees hired to work in the United States.

Form I-9 Requirements:

Source: U.S. Citizenship and Immigration Services
Form: Employment Eligibility Verification (Form I-9)
Available at: https://www.uscis.gov/i-9

When to Complete:

Employers must complete Form I-9:

  • Section 1: Employee completes on or before the first day of work
  • Section 2: Employer completes within 3 business days of the employee’s first day of work
  • Section 3: Employer completes when re-verifying employment authorization or rehiring within 3 years

Acceptable Documents:

Employees must present documents from the List of Acceptable Documents that establish identity and employment authorization. Employers cannot specify which documents employees must present.

Storage and Retention:

Form I-9 must be retained for 3 years after the date of hire or 1 year after employment ends, whichever is later. Forms are typically stored separately from other personnel records and must be made available for inspection by authorized government officials.

E-Verify:

What is E-Verify:

E-Verify is an internet-based system that compares information from an employee’s Form I-9 to U.S. government records to confirm employment eligibility.

Source: U.S. Citizenship and Immigration Services
Website: https://www.e-verify.gov/

Illinois E-Verify Requirements:

Illinois does not mandate E-Verify participation for most private employers. However, some employers may be required to use E-Verify based on:

  • Federal government contracts
  • Participation in certain state programs
  • Voluntary enrollment in the E-Verify program

Right to Work Act (Illinois does not have):

Illinois has not enacted E-Verify mandates that exist in some other states. Participation in E-Verify is generally voluntary for Illinois private-sector employers unless required by federal contract provisions.

Prohibited Practices:

Employers cannot:

  • Discriminate based on citizenship status (except as required by law)
  • Use E-Verify before a formal job offer is accepted
  • Use E-Verify selectively (if enrolled, must use for all new hires)
  • Refuse to hire based on a tentative nonconfirmation from E-Verify before the employee has the opportunity to contest it

Source: U.S. Department of Justice, Civil Rights Division
Available at: https://www.justice.gov/crt/immigrant-and-employee-rights-section

5.5 Wage Payment Requirements

Illinois law establishes specific requirements for how and when employers must pay employees.

Payment Frequency:

Employers must pay employees at least semi-monthly (twice per month).

Source: Illinois Wage Payment and Collection Act
Citation: 820 ILCS 115/3
Available at: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2402&ChapterID=68

Payment Methods:

Employers may pay wages by:

  • Cash
  • Check
  • Direct deposit (with employee consent)
  • Payroll card (with employee consent and certain requirements)

Source: Illinois Wage Payment and Collection Act
Citation: 820 ILCS 115/
Illinois Department of Labor guidance: https://labor.illinois.gov/laws-rules/fls.html

Pay Stubs:

At the time of each payment, employers must provide employees with an itemized statement showing:

  • Total number of hours worked (for non-exempt employees)
  • Rate or rates of pay
  • Gross wages earned
  • All deductions
  • Net wages paid

Source: Illinois Wage Payment and Collection Act
Citation: 820 ILCS 115/10
Available at: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2402&ChapterID=68

Deductions from Wages:

Employers may only make deductions from wages when:

  • Required by law (taxes, court orders, garnishments)
  • Authorized in writing by the employee for insurance premiums, charitable contributions, or similar voluntary benefits
  • For cash shortages, breakage, or loss of property when the employee has signed an express written agreement

Prohibited Deductions:

Employers cannot make deductions for:

  • Business expenses (uniforms required by employer, unless required uniform is non-specific clothing)
  • Cash register shortages unless employee is sole user and has been notified
  • Costs of pre-employment physicals or drug tests
  • Customer walk-outs or unpaid bills

Source: Illinois Wage Payment and Collection Act
Citation: 820 ILCS 115/9
Available at: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2402&ChapterID=68

5.6 Summary of Illinois Employer Legal Requirements

Illinois law establishes multiple legal requirements for employers:

Initial Hiring Requirements:

  • Form I-9 completion for each new hire (federal requirement)
  • New hire reporting to Illinois Department of Employment Security within 20 days
  • Wage payment information disclosure
  • Employee classification under FLSA standards

Ongoing Operational Requirements:

  • Display of all required federal and state workplace posters
  • Semi-monthly wage payments at minimum
  • Itemized pay stubs with each payment
  • Time records for non-exempt employees
  • Overtime calculation and payment in compliance with FLSA and Illinois law
  • Paid leave tracking under PLAWA
  • Employment record retention for periods specified by law

Anti-Discrimination Legal Requirements:

  • Compliance with Illinois Human Rights Act prohibitions
  • Annual sexual harassment prevention training (required by Illinois law)
  • Investigation of complaints as required by law
  • Protection from retaliation under state and federal law

Leave Law Requirements:

  • FMLA compliance for covered employers
  • PLAWA paid leave administration
  • VESSA leave requirements
  • Military leave protections under USERRA and ISERRA

Termination Requirements:

  • Final wage payment by next regular payday (Illinois law)
  • COBRA notice provision for applicable employers (federal law)
  • Unemployment insurance claim response

Filing Complaints

6.1 When to File a Complaint

Employees may file formal complaints when they believe their employer has violated employment laws. Employment law violations that may give rise to complaints include:

Wage and Hour Violations:

  • Unpaid wages or minimum wage violations
  • Unpaid overtime
  • Improper wage deductions
  • Late or missing final paychecks
  • Denied paid leave under PLAWA
  • Misclassification as an independent contractor

Discrimination and Harassment:

  • Discrimination based on protected characteristics
  • Sexual harassment or hostile work environment
  • Failure to provide reasonable accommodations
  • Retaliation for reporting discrimination or exercising rights

Safety Concerns:

  • Unsafe working conditions
  • Lack of required safety equipment
  • Retaliation for reporting safety violations

Other Violations:

  • Denial of FMLA or VESSA leave rights
  • Improper background check procedures
  • Violations of child labor laws

6.2 Filing Wage Claims with Illinois Department of Labor

What IDOL Investigates:

The Illinois Department of Labor investigates complaints related to:

  • Minimum wage violations
  • Overtime violations
  • Illegal wage deductions
  • Late payment of wages
  • Final paycheck violations
  • Prevailing wage issues (for public works projects)

Source: Illinois Department of Labor
Website: https://labor.illinois.gov/
Complaint information: https://labor.illinois.gov/laws-rules/fls.html

How to File:

Online: Submit a complaint through the IDOL website

By Mail or In Person:

Illinois Department of Labor
Fair Labor Standards Division
160 North LaSalle Street, Suite C-1300
Chicago, IL 60601

Or

Illinois Department of Labor
Fair Labor Standards Division
524 South Second Street, Suite 400
Springfield, IL 62701

Phone: Call IDOL at:

  • Chicago: (312) 793-2804
  • Springfield: (217) 782-1710

Source: Illinois Department of Labor contact information
Available at: https://labor.illinois.gov/about/contact-idol.html

Filing Deadline:

Claims under the Illinois Wage Payment and Collection Act are subject to applicable statutes of limitations.

What to Include in Your Complaint:

  • Your name and contact information
  • Employer’s name, address, and contact information
  • Your position and dates of employment
  • Detailed description of the wage violation
  • Pay rate, hours worked, and amounts owed
  • Copies of pay stubs, time records, or other documentation
  • Dates when the violations occurred

Investigation Process:

After receiving a complaint, IDOL will:

  • Review the complaint for jurisdiction
  • Contact the employer for response and records
  • Investigate the allegations
  • Determine if violations occurred
  • Attempt to recover unpaid wages if violations are found
  • May assess penalties against the employer for violations

Resolution:

If IDOL finds violations, the agency may:

  • Order the employer to pay back wages and penalties
  • Refer the matter for legal action if the employer does not comply
  • Provide mediation services to resolve disputes

6.3 Filing Discrimination Complaints with Illinois Department of Human Rights

What IDHR Investigates:

The Illinois Department of Human Rights investigates complaints of discrimination in:

  • Employment (hiring, firing, promotion, harassment, accommodation)
  • Housing
  • Public accommodations
  • Financial credit

Source: Illinois Department of Human Rights
Website: https://dhr.illinois.gov/
Filing information: https://dhr.illinois.gov/filing-a-charge.html

Filing Deadline:

Discrimination charges must be filed with IDHR within 2 years of the date the alleged discrimination occurred (for employment and most other cases). Housing discrimination charges must be filed within 1 year.

Source: Illinois Human Rights Act
Citation: 775 ILCS 5/7A-102
Text: “A charge shall be filed within 2 years after the date that the alleged civil rights violation occurred.”
Available at: https://dhr.illinois.gov/filing-a-charge.html

Note: The 2-year deadline was extended from the previous 300-day deadline by recent amendments to the Illinois Human Rights Act. The extended deadline applies to charges filed after the effective date of the amendment.

How to File:

Online: Complete the Complainant Information Sheet (CIS) online at the IDHR website

By Email: Email the completed CIS to IDHR.Intake@illinois.gov

By Mail, Fax, or In Person:

Chicago Office:
Illinois Department of Human Rights
555 West Monroe Street, 7th Floor
Intake Unit
Chicago, IL 60661
Phone: (312) 814-6200
TTY: (866) 740-3953
Fax: (312) 814-6251

Springfield Office:
Illinois Department of Human Rights
524 South Second Street, Suite 206
Springfield, IL 62701
Phone: (217) 785-5100
TTY: (866) 740-3953
Fax: (217) 785-5106

Source: Illinois Department of Human Rights contact information
Available at: https://dhr.illinois.gov/contact-us.html
Verified: January 9, 2026

What to Include in Your Charge:

  • Your name, address, and contact information
  • Employer’s name, address, and contact information
  • Protected class(es) involved (race, sex, disability, etc.)
  • Detailed description of the discriminatory conduct
  • Dates of the discrimination
  • Names of witnesses
  • Any supporting documentation

Important Notes:

Starting January 1, 2026, changes under Illinois SB 2487 affect fact-finding conferences. Fact-finding conferences are no longer automatically required in every case. They occur only if both parties request one in writing within 90 days and agree to extend the investigation by 120 days. IDHR may still schedule fact-finding conferences at its discretion.

Source: Illinois Legal Aid guidance on IDHR procedures
Changes effective: January 1, 2026

Investigation Process:

After receiving a charge, IDHR will:

  • Review the charge for jurisdiction and timeliness
  • Serve the charge on the employer (respondent)
  • Request a response from the employer
  • Conduct an investigation, which may include:
    • Document review
    • Interviews with complainant, respondent, and witnesses
    • On-site visits if necessary

Source: Illinois Department of Human Rights
Complaint process: https://dhr.illinois.gov/filing-a-charge.html

Possible Outcomes:

Substantial Evidence Finding:

If IDHR finds substantial evidence of discrimination, the complainant may:

  • Request IDHR to file a complaint with the Illinois Human Rights Commission
  • File a lawsuit in state circuit court

Lack of Substantial Evidence Finding:

If IDHR dismisses the charge for lack of substantial evidence, the complainant may:

  • Request a review by the Illinois Human Rights Commission
  • File a lawsuit in state circuit court

Timeline:

IDHR investigations typically take several months to over a year, depending on case complexity.

6.4 Filing Federal Discrimination Charges with the EEOC

What the EEOC Investigates:

The Equal Employment Opportunity Commission enforces federal employment discrimination laws, including:

  • Title VII (race, color, religion, sex, national origin discrimination)
  • Age Discrimination in Employment Act (age 40 and over)
  • Americans with Disabilities Act (disability discrimination)
  • Equal Pay Act (sex-based wage discrimination)
  • Genetic Information Nondiscrimination Act (genetic information discrimination)

Source: U.S. Equal Employment Opportunity Commission
Website: https://www.eeoc.gov/
How to file: https://www.eeoc.gov/filing-charge-discrimination

Filing Deadline:

EEOC charges must be filed within 300 days of the alleged discriminatory act in states with fair employment practices agencies (such as Illinois).

Source: Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/filing-charge-discrimination

Dual Filing:

Illinois has a work-sharing agreement with the EEOC. When you file a charge with either IDHR or the EEOC, the charge is automatically cross-filed with the other agency, allowing you to preserve both state and federal claims.

How to File with EEOC:

Online: Submit an inquiry through the EEOC Public Portal at https://publicportal.eeoc.gov/

By Phone: Contact the EEOC at 1-800-669-4000 (toll-free) or 1-800-669-6820 (TTY)

In Person: Visit the Chicago EEOC office:

Equal Employment Opportunity Commission
Chicago District Office
230 South Dearborn Street, Suite 1866
Chicago, IL 60604
Phone: (800) 669-4000

Source: EEOC Chicago District Office
Available at: https://www.eeoc.gov/field-office/chicago/location

Process:

After filing, the EEOC will:

  • Review the charge
  • Notify the employer
  • Investigate the allegations
  • Attempt mediation or settlement
  • Issue a determination (cause or no cause)
  • Provide a “right to sue” letter if no resolution is reached

6.5 Filing OSHA Safety Complaints

What OSHA Investigates:

The Occupational Safety and Health Administration enforces workplace safety and health regulations.

Source: U.S. Department of Labor, OSHA
Website: https://www.osha.gov/

How to File:

Online: File a complaint at https://www.osha.gov/workers/file-complaint

By Phone: Call OSHA at 1-800-321-OSHA (6742)

By Mail or Fax: Contact the nearest OSHA office

OSHA Chicago Regional Office:
U.S. Department of Labor
Occupational Safety and Health Administration
230 South Dearborn Street, Room 3244
Chicago, IL 60604
Phone: (312) 353-2220

Source: OSHA Chicago Regional Office contact
Available at: https://www.osha.gov/contactus/bystate/IL

Whistleblower Protections:

OSHA also investigates retaliation complaints when employees are punished for reporting safety violations. Whistleblower complaints must be filed within 30 days of the alleged retaliation.

Source: OSHA Whistleblower Protection Program
Available at: https://www.osha.gov/whistleblower

6.6 Filing Private Lawsuits

When You Can Sue:

Employees may file private lawsuits in certain circumstances:

After Administrative Process:

  • After IDHR completes investigation or issues right-to-sue notice
  • After EEOC issues right-to-sue letter
  • Within specified time limits after administrative findings

For Contract Violations:

  • Breach of employment contract
  • Violation of collective bargaining agreements
  • Non-payment of agreed compensation

For Common Law Claims:

  • Retaliatory discharge (wrongful termination in violation of public policy)
  • Breach of implied contract
  • Intentional infliction of emotional distress (in limited circumstances)

For Statutory Violations:

  • Wage Payment and Collection Act violations
  • Certain federal law violations (FLSA, FMLA, etc.)

Consulting an Attorney:

Employment law cases can be complex. Employees considering litigation may consult with an employment attorney regarding:

  • Evaluate the strength of their claims
  • Understand available remedies
  • Navigate filing requirements and deadlines
  • Represent them in negotiations or trial

Many employment attorneys offer free initial consultations and may take cases on a contingency fee basis (attorney fees paid from recovery).

6.7 Documentation and Filing Procedures

Documentation Requirements:

Administrative agencies and courts require specific documentation when processing employment complaints:

  • Copies of relevant documents (pay stubs, emails, performance reviews, company policies)
  • Witness identification and contact information
  • Records of dates, times, and specific incidents
  • Documentation of financial impacts

Filing Deadlines:

Different agencies and claims have specific filing deadlines:

  • IDHR discrimination charges: 2 years from alleged violation
  • EEOC charges: 300 days from alleged violation (in Illinois)
  • OSHA whistleblower complaints: 30 days from alleged retaliation
  • Other deadlines vary by statute and claim type

Filing Requirements:

Complaint forms and procedures are specified by each agency. Required information typically includes:

  • Complainant and respondent identification and contact information
  • Description of alleged violation
  • Dates and locations of incidents
  • Basis for jurisdiction

Agency Investigation Process:

After receiving a complaint, agencies typically:

  • Review for jurisdictional requirements
  • Contact the employer for response
  • Conduct investigation through document review and interviews
  • Issue findings or determinations
  • Provide avenues for further action based on findings

6.8 Quick Reference: Where to File

Wage and Hour Issues:

  • Agency: Illinois Department of Labor (IDOL)
  • Website: https://labor.illinois.gov/
  • Phone: Chicago (312) 793-2804, Springfield (217) 782-1710

Discrimination, Harassment, Retaliation:

  • State Agency: Illinois Department of Human Rights (IDHR)
  • Website: https://dhr.illinois.gov/
  • Phone: Chicago (312) 814-6200, Springfield (217) 785-5100
  • Federal Agency: Equal Employment Opportunity Commission (EEOC)
  • Website: https://www.eeoc.gov/
  • Phone: 1-800-669-4000

Workplace Safety:

  • Agency: Occupational Safety and Health Administration (OSHA)
  • Website: https://www.osha.gov/
  • Phone: 1-800-321-OSHA (6742)

Unemployment Insurance:

Workers’ Compensation:

Union-Related Issues:

  • Federal Agency: National Labor Relations Board (NLRB)
  • Website: https://www.nlrb.gov/
  • Phone: Chicago Regional Office (312) 353-7570

Remote Work in Illinois

7.1 Key Remote Work Considerations

Remote work arrangements have become increasingly common, and Illinois employment laws apply to remote workers in various contexts.

When Illinois Law Applies:

Illinois employment laws generally apply when:

  • The employee’s primary work location is in Illinois
  • The employee reports to a supervisor or office located in Illinois
  • The work is physically performed, at least in part, in Illinois
  • The employer has operations or maintains an office in Illinois

Wage and Hour Compliance:

Remote workers are entitled to the same wage protections as on-site employees:

  • Illinois minimum wage applies to remote workers working in Illinois
  • Overtime must be paid for hours worked over 40 in a workweek
  • Employers must track remote workers’ hours accurately
  • Paid leave under PLAWA applies to remote workers

Equal Pay Act Considerations:

The Illinois Equal Pay Act requires employers to include pay scale and benefits in job postings for positions that will be physically performed, at least in part, in Illinois, or be performed outside Illinois but the employee reports to a supervisor, office, or other work site in Illinois.

Source: Illinois Equal Pay Act amendments
Citation: 820 ILCS 112/
Effective date: January 1, 2025 (for pay scale posting requirements)

Workplace Safety:

Federal and state workplace safety laws apply to employers. The application of traditional workplace safety regulations to home offices varies by specific regulation and circumstance.

Workers’ Compensation:

Remote workers may be covered by workers’ compensation for injuries arising out of and in the course of employment, even when working from home. Coverage depends on the specific circumstances of the injury.

7.2 Return-to-Office (RTO) Mandates

Employer Discretion:

Illinois law generally allows employers to determine work locations and can require employees to work on-site. Employers may:

  • Implement return-to-office policies
  • Change remote work arrangements
  • Require employees to work from specific locations

Exceptions and Considerations:

Reasonable Accommodation:

Employers must consider reasonable accommodation requests from employees with disabilities who may need to continue remote work as an accommodation. Remote work may be a reasonable accommodation if:

  • The employee has a disability
  • The employee can perform essential job functions remotely
  • Remote work does not cause undue hardship to the employer

The COVID-19 pandemic demonstrated that many jobs can be performed remotely, which may factor into accommodation analyses.

Contractual Obligations:

If an employment contract or collective bargaining agreement includes remote work provisions, employers must honor those contractual terms.

Discriminatory Application:

Return-to-office policies must be applied consistently and cannot discriminate based on protected characteristics. Employers cannot selectively enforce RTO policies based on age, sex, race, or other protected classes.

Notice Requirements:

Illinois law does not mandate specific notice periods for changes to remote work arrangements absent contractual obligations.

7.3 Illinois Remote Work Resources

Information about remote work laws, workplace flexibility policies, and remote work requirements is available from:

  • Illinois Department of Labor for wage and hour compliance questions
  • Illinois Department of Human Rights for accommodation and discrimination questions
  • Employment law attorneys for specific remote work arrangements and policies

Remote work policies continue to evolve.

Illinois Remote Work Law

Illinois Employment Law Updates for 2026

8.1 Major Legislative Changes Effective in 2026

Illinois Human Rights Act Amendments – Artificial Intelligence in Employment

Effective January 1, 2026, Illinois prohibits the use of artificial intelligence in employment decisions when such use has the effect of subjecting employees to discrimination on the basis of protected classes or uses zip codes as a proxy for protected classes.

Source: Illinois Human Rights Act amendments
Citation: 775 ILCS 5/2-102(L)
Effective date: January 1, 2026

Key Provisions:

Employers must provide notice to employees when artificial intelligence is used in employment-related decisions. Additional regulations defining AI usage in employment are anticipated from the Illinois Department of Human Rights before the effective date.

Source: Illinois General Assembly – Public Act addressing AI in employment
Information on amendments: Available through Illinois General Assembly website

Family Responsibilities and Reproductive Health Decisions Protections

These new protected classes became effective January 1, 2025, but continue to impact employer policies and practices in 2026.

Family Responsibilities: Employers cannot discriminate, harass, or retaliate against employees based on their provision of personal care to family members.

Source: Illinois Human Rights Act
Citation: 775 ILCS 5/2-102(E) and 775 ILCS 5/2-104(E)
Effective date: January 1, 2025

Reproductive Health Decisions: Protection from discrimination based on decisions regarding contraception, fertility care, pregnancy-related healthcare, and prenatal/postnatal care.

Source: Illinois Human Rights Act
Citation: 775 ILCS 5/1-103(O-2)
Effective date: January 1, 2025

Fact-Finding Conference Changes (IDHR)

Changes to the Illinois Department of Human Rights investigation process became effective January 1, 2026.

What Changed:

Fact-finding conferences are no longer automatically required in every discrimination case. They occur only if both parties request one in writing within 90 days and agree to extend the investigation by 120 days. IDHR may still schedule fact-finding conferences at its discretion.

Source: Illinois SB 2487
Effective date: January 1, 2026
Applies to: Charges filed or pending on or after January 1, 2026

8.2 Minimum Wage Status for 2026

No Increase in 2026:

The Illinois minimum wage remains at $15.00 per hour for employees age 18 and older throughout 2026, with no scheduled increases beyond January 1, 2025.

Source: Illinois Department of Labor
Citation: 820 ILCS 105/4
Agency confirmation: https://labor.illinois.gov/laws-rules/fls/minimum-wage-law.html
Last increase: January 1, 2025 (to $15.00/hour)

Current Rates (2026):

  • Standard minimum wage (age 18+): $15.00/hour
  • Youth workers (under 18, first 650 hours): $13.00/hour
  • Tipped workers: $9.00/hour base (with tips totaling at least $15.00/hour)

Local Minimum Wages:

Chicago and Cook County maintain separate minimum wage ordinances that may differ from the state rate. Current local requirements are available from these jurisdictions.

8.3 Paid Leave Developments

Paid Leave for All Workers Act – Second Year of Implementation:

The Paid Leave for All Workers Act (PLAWA) continues in full effect during 2026, requiring most Illinois employers to provide up to 40 hours of paid leave annually.

Key Compliance Points for 2026:

  • Employers must track accruals and usage accurately
  • Carryover provisions apply for accrued leave (up to 40 hours)
  • Front-loading employers must provide new allocation for the 2026 period
  • Recordkeeping requirements continue (3-year retention)

Source: Paid Leave for All Workers Act
Citation: 820 ILCS 192/
Available at: https://labor.illinois.gov/laws-rules/paidleave.html

Local Ordinance Updates:

Chicago and Cook County have enacted paid leave and paid sick leave ordinances with requirements that may exceed PLAWA. Employers in these jurisdictions must comply with both state law and applicable local ordinances, providing employees with the greater benefit when requirements overlap.

8.4 Equal Pay Act – Posting Requirements

Pay Scale Transparency:

Beginning January 1, 2025, Illinois employers with 15 or more employees must include pay scale and benefits information in job postings for positions that will be:

  • Physically performed, at least in part, in Illinois, or
  • Performed outside Illinois but the employee reports to a supervisor, office, or work site in Illinois

What Must Be Included:

Job postings must include:

  • Wage or salary, or wage or salary range
  • General description of benefits and other compensation (bonuses, stock options, incentives)

Source: Illinois Equal Pay Act amendments
Citation: 820 ILCS 112/10
Effective date: January 1, 2025
Available at: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2398&ChapterID=68

Employers should:

  • Review all job postings for compliance
  • Develop standardized pay scale disclosure language
  • Train hiring managers on requirements
  • Update posting templates and procedures

8.5 Pending Legislation to Watch

Legislation Under Consideration:

Illinois regularly considers new employment-related legislation. During 2026, proposed legislation includes:

Tip Credit Elimination Proposals:

House Bill 2982 proposes eliminating the tip credit beginning July 1, 2027, requiring employers to pay tipped workers the full minimum wage before tips.

Status: Introduced for 2025-2026 legislative session
If enacted: Would significantly impact restaurant and hospitality industries
Source: Illinois General Assembly bill tracking

Additional Employment Law Proposals:

Other proposals under consideration may address:

  • Further AI regulation in employment
  • Expanded leave requirements
  • Pay equity and transparency provisions
  • Workforce development initiatives

How to Monitor Legislative Changes:

Employers and employees can track Illinois employment legislation through:

8.6 How to Stay Updated on Illinois Employment Law

Official Government Resources:

Illinois Department of Labor:

  • Website: https://labor.illinois.gov/
  • Subscribe to email updates and newsletters
  • Follow social media accounts
  • Check regularly for rule-making and guidance

Illinois Department of Human Rights:

  • Website: https://dhr.illinois.gov/
  • Review published guidance documents
  • Attend training sessions and webinars
  • Monitor discrimination law developments

Illinois General Assembly:

  • Website: https://www.ilga.gov/
  • Track pending legislation
  • Review enacted Public Acts
  • Sign up for legislative alerts

Federal Agencies:

Professional Resources:

  • Consult with employment law attorneys
  • Participate in human resources professional associations
  • Attend employment law seminars and conferences
  • Subscribe to legal and compliance newsletters

8.7 Quarterly Review Schedule

This guide will be reviewed quarterly to ensure accuracy and incorporate significant changes to Illinois employment law.

Review Schedule for 2026:

  • Q1 2026 (January-March): Post-implementation review of January 1 effective date changes
  • Q2 2026 (April-June): Spring legislative session wrap-up and new law analysis
  • Q3 2026 (July-September): Mid-year compliance check and agency guidance updates
  • Q4 2026 (October-December): Year-end review and preparation for 2027 changes

This guide will be reviewed quarterly to ensure accuracy and incorporate significant changes to Illinois employment law.

Resources

10.1 Illinois State Government Agencies

Illinois Department of Labor (IDOL)

Purpose: Enforces Illinois wage and hour laws, workplace safety regulations, and various labor standards

Main Office – Chicago:
160 North LaSalle Street, Suite C-1300
Chicago, IL 60601
Phone: (312) 793-2804

Main Office – Springfield:
524 South Second Street, Suite 400
Springfield, IL 62701
Phone: (217) 782-1710

Website: https://labor.illinois.gov/
Contact form: Available on IDOL website
Email: DOL.WebManager@Illinois.gov

Services:

  • Minimum wage and overtime enforcement
  • Wage claim investigations
  • Child labor law enforcement
  • Prevailing wage compliance
  • Workplace safety programs
  • Required posters and publications

Verified: January 9, 2026

Illinois Department of Human Rights (IDHR)

Purpose: Investigates discrimination complaints in employment, housing, public accommodations, and financial credit

Chicago Office:
555 West Monroe Street, 7th Floor
Intake Unit
Chicago, IL 60661
Phone: (312) 814-6200
TTY: (866) 740-3953
Fax: (312) 814-6251

Springfield Office:
524 South Second Street, Suite 206
Springfield, IL 62701
Phone: (217) 785-5100
TTY: (866) 740-3953
Fax: (217) 785-5106

Website: https://dhr.illinois.gov/
Email: IDHR.Intake@illinois.gov (for filing charges)
Contact form: Available on IDHR website

Services:

  • Employment discrimination investigations
  • Sexual harassment complaints
  • Reasonable accommodation issues
  • Retaliation complaints
  • Training and outreach programs
  • Publications and guidance documents

Verified: January 9, 2026

Illinois Human Rights Commission (IHRC)

Purpose: Conducts administrative hearings on discrimination complaints filed by IDHR or complainants

Chicago Office:
100 West Randolph Street, Suite 5-100
Chicago, IL 60601
Phone: (312) 814-6269

Springfield Office:
222 South College, Room 101A
Springfield, IL 62704
Phone: (217) 785-4350

Website: https://hrc.illinois.gov/
Email: HRC.WEBMASTER@illinois.gov

Services:

  • Administrative hearings on discrimination cases
  • Review of IDHR dismissals
  • Final orders in discrimination cases

Verified: January 9, 2026

Illinois Department of Employment Security (IDES)

Purpose: Administers unemployment insurance benefits and collects unemployment taxes

Phone: (800) 244-5631
TTY: (866) 488-4016

Website: https://ides.illinois.gov/
Employer services: https://ides.illinois.gov/employers.html
Claimant services: https://ides.illinois.gov/unemployment.html

Services:

  • Unemployment insurance claims
  • New hire reporting
  • Employer tax accounts
  • Labor market information
  • Job search assistance

Verified: January 9, 2026

Illinois Attorney General – Workplace Rights Bureau

Purpose: Protects employment rights and investigates wage law violations

Chicago Office:
100 West Randolph Street, 12th Floor
Chicago, IL 60601
Phone: (312) 814-3000

Springfield Office:
500 South Second Street
Springfield, IL 62706
Phone: (217) 782-1090

Website: https://www.illinoisattorneygeneral.gov/rights-of-the-people/workplace-rights/
Consumer complaint: https://www.illinoisattorneygeneral.gov/consumers/consumercomplaints.html

Services:

  • Wage theft enforcement
  • Employment law violations
  • Worker protection initiatives
  • Public outreach and education

Verified: January 9, 2026

10.2 Federal Government Agencies

U.S. Department of Labor (DOL)
Website: https://www.dol.gov/
Phone: (866) 4-USA-DOL

Wage and Hour Division (WHD):
Enforces FLSA, FMLA, and other wage and hour laws
Website: https://www.dol.gov/agencies/whd
Phone: (866) 487-9243

Occupational Safety and Health Administration (OSHA):
Enforces workplace safety and health regulations
Website: https://www.osha.gov/
Phone: (800) 321-OSHA (6742)
Chicago Regional Office: (312) 353-2220

Office of Federal Contract Compliance Programs (OFCCP):
Enforces affirmative action for federal contractors
Website: https://www.dol.gov/agencies/ofccp

Equal Employment Opportunity Commission (EEOC)
Website: https://www.eeoc.gov/
Phone: (800) 669-4000
TTY: (800) 669-6820

Chicago District Office:
230 South Dearborn Street, Suite 1866
Chicago, IL 60604
Phone: (800) 669-4000

Services:

  • Federal discrimination charge filing
  • Mediation services
  • Compliance assistance
  • Outreach and education

National Labor Relations Board (NLRB)
Website: https://www.nlrb.gov/
Phone: (844) 762-NLRB

Chicago Regional Office:
209 South LaSalle Street, Suite 900
Chicago, IL 60604
Phone: (312) 353-7570

Services:

  • Unfair labor practice charges
  • Union representation elections
  • Labor relations guidance

U.S. Citizenship and Immigration Services (USCIS)
Website: https://www.uscis.gov/
Form I-9 information: https://www.uscis.gov/i-9
E-Verify: https://www.e-verify.gov/

10.3 Key Illinois Employment Law Statutes

Illinois Compiled Statutes, Chapter 820 (Employment):
https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=68

Primary Employment Laws:

Illinois Human Rights Act (775 ILCS 5/):
https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2266&ChapterID=64

Illinois Minimum Wage Law (820 ILCS 105/):
https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2400&ChapterID=68

Paid Leave for All Workers Act (820 ILCS 192/):
https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=4351&ChapterID=68

Illinois Wage Payment and Collection Act (820 ILCS 115/):
https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2402&ChapterID=68

Victims’ Economic Security and Safety Act (820 ILCS 180/):
https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68

Illinois Equal Pay Act (820 ILCS 112/):
https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2398&ChapterID=68

One Day Rest in Seven Act (820 ILCS 140/):
https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1490&ChapterID=68

Illinois Freedom to Work Act (820 ILCS 90/):
https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3737&ChapterID=68

Illinois Whistleblower Act (740 ILCS 174/):
https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2166&ChapterID=55

Personnel Record Review Act (820 ILCS 40/):
https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1502&ChapterID=68

10.4 Additional Government Resources

Attorney General Legal Assistance Referrals:

Illinois Attorney General’s Office maintains a list of legal assistance resources for Illinois residents who cannot afford legal representation.

Website: https://illinoisattorneygeneral.gov/Legal-Assistance-Referrals/
Phone: Chicago (312) 814-3000, Springfield (217) 782-1090

Illinois Courts Self-Help Resources:

Illinois Court Help provides information about court processes and procedures.

Website: https://www.ilcourthelp.gov/
Operated by the Illinois Supreme Court

Federal Employment Law Resources:

U.S. Department of Labor – Compliance Assistance:
https://www.dol.gov/general/topics

EEOC Educational Materials:
https://www.eeoc.gov/employers/

OSHA Training Resources:
https://www.osha.gov/training

10.5 Staying Informed About Employment Law Changes

Subscribe to Updates:

Illinois Department of Labor email updates and newsletters (available through IDOL website)

Illinois General Assembly legislative tracking (bill status and notifications at https://www.ilga.gov/)

Federal Register for proposed federal regulations (https://www.federalregister.gov/)

U.S. Department of Labor email subscriptions (available at https://www.dol.gov/)

Professional Development:

Government agencies offer employment law seminars and webinars:

  • Illinois Department of Labor training programs
  • Illinois Department of Human Rights training sessions
  • U.S. Department of Labor webinars
  • EEOC outreach events

Employment law attorneys provide legal questions and compliance guidance.

Official government agency announcements and guidance documents are published regularly.

Frequently Asked Questions - Illinois Employment Law

1. What is employment law in Illinois?

Employment law in Illinois consists of the state and federal laws, regulations, and court decisions that govern the relationship between employers and employees. Illinois employment law covers wage and hour requirements, anti-discrimination protections, workplace safety, leave entitlements, and other aspects of the employment relationship. The primary state framework is found in the Illinois Compiled Statutes, Chapter 820 (Employment), including the Illinois Human Rights Act, Illinois Minimum Wage Law, Paid Leave for All Workers Act, and numerous other employment-related statutes.

Source: Illinois Compiled Statutes, Chapter 820
Available at: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=68

2. What is the difference between labor law and employment law in Illinois?

Employment law is the broader legal framework governing all employer-employee relationships, including wages, discrimination, safety, and general workplace rights. Employment law applies to all Illinois workers. Labor law is a subset of employment law that specifically addresses collective bargaining, union organizing, labor-management relations, and the rights of unionized workers. Labor law applies when employees are represented by unions or engage in collective action.

3. Is Illinois an at-will employment state?

Yes, Illinois is an at-will employment state. Under the at-will doctrine, either the employer or employee may terminate the employment relationship at any time, with or without cause, and with or without notice. However, significant exceptions protect employees from wrongful termination, including statutory protections against discrimination, public policy exceptions for retaliatory discharge, contractual limitations, and protections for employees who engage in protected activities.

4. What is the minimum wage in Illinois for 2026?

The Illinois minimum wage for 2026 is $15.00 per hour for employees age 18 and older. This rate became effective January 1, 2025, and remains unchanged for 2026. Workers under age 18 may be paid $13.00 per hour for their first 650 hours worked with an employer in a calendar year. Tipped employees must receive a base rate of $9.00 per hour, and total compensation including tips must equal at least $15.00 per hour. Some Illinois municipalities, including Chicago and Cook County, have enacted higher local minimum wages that apply within their jurisdictions.

Source: Illinois Department of Labor
Citation: 820 ILCS 105/4
Available at: https://labor.illinois.gov/laws-rules/fls/minimum-wage-law.html

5. Does Illinois require overtime pay?

Yes, Illinois requires overtime pay for non-exempt employees who work more than 40 hours in a workweek. Overtime must be paid at a rate of at least one and one-half times the employee’s regular rate of pay. Illinois follows federal Fair Labor Standards Act standards for overtime. Illinois does not require daily overtime or premium pay for weekend or holiday work unless such work causes the employee to exceed 40 hours in the workweek. Certain employees are exempt from overtime requirements based on their job duties and salary level.

Source: Illinois Minimum Wage Law
Citation: 820 ILCS 105/4a
Federal law: 29 U.S.C. § 207

6. Are meal and rest breaks required in Illinois?

Illinois requires meal breaks for employees who work 7.5 continuous hours or more. The meal period must be at least 20 minutes and must begin no later than 5 hours after the start of the work period. Hotel room attendants must receive specific break requirements under Illinois law. Illinois does not have a general rest break requirement for most employees, though employers may voluntarily provide rest breaks. Federal law does not require meal or rest breaks for adult employees, but when employers offer short breaks (typically 5 to 20 minutes), those breaks are considered compensable work time.

Source: Illinois One Day Rest in Seven Act
Citation: 820 ILCS 140/
Federal guidance: https://www.dol.gov/general/topic/workhours/breaks

7. What employee rights do I have under Illinois law?

Illinois employees have numerous legal rights, including:

  • Right to receive at least the Illinois minimum wage for all hours worked
  • Right to overtime pay for hours worked over 40 in a workweek
  • Right to earn and use up to 40 hours of paid leave annually under PLAWA
  • Right to be free from discrimination based on protected characteristics under the Illinois Human Rights Act
  • Right to reasonable accommodations for disabilities, pregnancy, and religious practices
  • Right to a workplace free from harassment and retaliation
  • Right to file complaints about violations without retaliation
  • Right to take unpaid leave under FMLA (if eligible) or VESSA
  • Right to payment of final wages by the next regularly scheduled payday after separation
  • Right to review personnel records upon request

These rights apply to most Illinois employees, though some exceptions exist based on employer size, industry, or employee classification.

8. Can my employer fire me for any reason in Illinois?

Generally, yes, because Illinois is an at-will employment state. However, employers cannot terminate employees for reasons that violate law or public policy. Prohibited reasons for termination include:

  • Discrimination based on protected characteristics (race, sex, age, disability, religion, etc.)
  • Retaliation for engaging in protected activities (filing complaints, reporting discrimination, requesting accommodations)
  • Refusing to perform illegal acts
  • Filing workers’ compensation claims
  • Taking protected leave (FMLA, VESSA)
  • Whistleblowing about legal violations
  • Exercising statutory rights (wage claims, jury duty, military service)

If your termination violates these protections, you may have grounds for a wrongful termination claim.

9. How do I file a discrimination complaint in Illinois?

To file a discrimination complaint in Illinois:

File with Illinois Department of Human Rights (IDHR):

File with Equal Employment Opportunity Commission (EEOC):

  • Submit inquiry through EEOC Public Portal or contact EEOC by phone
  • Deadline: Within 300 days of the discriminatory act
  • Illinois has a work-sharing agreement, so filing with one agency automatically cross-files with the other

After filing, the agency will investigate your charge and determine whether substantial evidence of discrimination exists.

Source: Illinois Department of Human Rights
Website: https://dhr.illinois.gov/filing-a-charge.html

10. Can I request remote work as a reasonable accommodation?

Yes, remote work may be a reasonable accommodation under the Americans with Disabilities Act (ADA) and Illinois Human Rights Act if you have a disability and can perform the essential functions of your job remotely. To request remote work as an accommodation:

  • Notify your employer of your disability and need for accommodation
  • Explain how remote work would address your functional limitations
  • Provide medical documentation if requested
  • Engage in the interactive process with your employer

Your employer must consider your request but can deny it if remote work would cause undue hardship or if in-person attendance is an essential function of the position. The COVID-19 pandemic demonstrated that many jobs can be performed remotely, which may factor into whether remote work is reasonable for your position.

11. What are employer obligations under Illinois law?

Illinois employers have numerous legal obligations, including:

Wage and Hour Compliance:

  • Pay at least minimum wage ($15.00/hour for most employees)
  • Pay overtime for hours over 40 per week
  • Pay employees at least semi-monthly
  • Provide itemized pay stubs
  • Pay final wages by next regular payday

Leave Requirements:

  • Provide up to 40 hours of paid leave under PLAWA
  • Honor FMLA leave for eligible employees
  • Allow VESSA leave for domestic violence victims
  • Permit jury duty service

Anti-Discrimination:

  • Refrain from discrimination based on protected characteristics
  • Investigate harassment complaints promptly
  • Provide reasonable accommodations
  • Conduct annual sexual harassment prevention training

Posting and Notice Requirements:

  • Display required federal and state workplace posters
  • Provide written notices of employee rights
  • Report new hires to IDES

Recordkeeping:

  • Maintain employment records for required periods
  • Complete Form I-9 for all employees
  • Keep wage and hour records for 3 years

12. What posters must Illinois employers display?

Illinois employers must display multiple required workplace posters, including:

Illinois Required Posters:

  • Illinois Minimum Wage poster
  • Your Rights Under Illinois Employment Laws
  • VESSA notice (Victims’ Economic Security and Safety Act)
  • Illinois Human Rights Act poster
  • Paid Leave for All Workers Act notice
  • Equal Pay Act notice
  • Unemployment insurance notice
  • Child labor law poster (if employing minors)

Federal Required Posters:

  • Fair Labor Standards Act (FLSA) poster
  • OSHA Job Safety and Health poster
  • EEO is the Law poster
  • Employee Polygraph Protection Act poster
  • FMLA poster (employers with 50+ employees)
  • USERRA poster (military service members’ rights)

All posters must be displayed in conspicuous locations where employees can easily see them. Current posters are available from the Illinois Department of Labor and federal agency websites.

Source: Illinois Department of Labor posters
Available at: https://labor.illinois.gov/laws-rules/fls/posters.html

13. What are the recordkeeping requirements for Illinois employers?

Illinois employers must maintain various employment records:

Wage and Hour Records (3 years):

  • Employee name, address, and occupation
  • Hours worked each day and week
  • Rate of pay and total wages paid
  • Deductions from wages
  • Pay period dates and payment dates

Paid Leave Records (3 years):

  • Hours worked by each employee
  • Paid leave accrued and used
  • Leave balances

Form I-9 (3 years after hire or 1 year after termination, whichever is later):

  • Employment eligibility verification documents

Personnel Records:

  • Employment applications and resumes
  • Performance evaluations
  • Disciplinary records
  • Promotion and transfer records

EEO Records (varies by record type, generally 1-3 years)

Records must be made available for inspection by authorized government agencies.

Source: Illinois Wage Payment and Collection Act (820 ILCS 115/10)
Source: Illinois Minimum Wage Law (820 ILCS 105/8)

14. Does Illinois require paid sick leave?

Illinois does not have a standalone paid sick leave law. However, the Paid Leave for All Workers Act (PLAWA), effective January 1, 2024, requires most employers to provide up to 40 hours of paid leave per year that employees can use for any reason, including illness. Employees are not required to provide a reason for using PLAWA leave.

Some Illinois municipalities have enacted separate paid sick leave ordinances. Chicago and Cook County have paid sick leave requirements in addition to PLAWA. Employers in these jurisdictions must comply with both state and local requirements, providing employees with the greater benefit when provisions overlap.

Federal law does not require paid sick leave for private-sector employees, though some federal workers receive paid sick leave under federal personnel systems.

Source: Paid Leave for All Workers Act
Citation: 820 ILCS 192/
Available at: https://labor.illinois.gov/laws-rules/paidleave.html

15. What protections do remote workers have in Illinois?

Remote workers in Illinois have the same employment law protections as on-site workers, including:

  • Minimum wage and overtime protections
  • Anti-discrimination and harassment protections under the Illinois Human Rights Act
  • Right to reasonable accommodations for disabilities, pregnancy, and religious practices
  • Right to paid leave under PLAWA
  • Protection from retaliation for exercising legal rights
  • Workers’ compensation coverage for work-related injuries

Illinois Equal Pay Act requirements apply to positions performed at least in part in Illinois or where the employee reports to an Illinois supervisor or work site. Employers must include pay scale information in job postings for these positions.

Employers can generally require remote workers to return to on-site work unless contractual obligations or reasonable accommodation requirements apply. Remote work may be a reasonable accommodation for employees with disabilities if they can perform essential job functions remotely without causing undue hardship.

Others

California
Texas
Washington
Michigan
New York

Legal Disclaimer: Nature of This Compilation This document is a compilation of publicly available information from official government sources. It is NOT: Legal advice An interpretation of laws or regulations A substitute for consultation with a licensed attorney A comprehensive treatment of all applicable laws Guaranteed to be complete or current