Illinois Employment Law — full calculator

Frequently Asked Questions

• What are Illinois overtime rules in 2026?

  Illinois follows the federal FLSA 40-hour weekly threshold: non-exempt employees earn 1.5× their regular rate for all hours over 40 in a workweek. There is no daily overtime threshold. Under the One Day Rest in Seven Act (ODRISA, 820 ILCS 140), employers must provide at least 24 consecutive hours of rest per 7-day period; if a permit is obtained for 7th-day work and the employee voluntarily agrees, all 7th-day hours are paid at the overtime rate. Source: Illinois Department of Labor, as of 2026.

• When must Illinois employers issue a final paycheck?

  Under the Illinois Wage Payment and Collection Act (820 ILCS 115), all final wages — including earned commissions, bonuses, and contractually promised vacation pay — must be paid on the employee's next regularly scheduled payday. This deadline applies whether the employee was fired, laid off, or resigned. FLSA sets no federal final paycheck deadline. Source: labor.illinois.gov, as of 2026.

• What is the penalty for a late final paycheck in Illinois?

  A 5% monthly penalty accrues on unpaid wages from the date they were due. If the Illinois Department of Labor (IDOL) issues a demand or court order and the employer still fails to pay, an additional 1% daily penalty is owed to the employee, plus a 20% administrative penalty to IDOL. Corporate officers may be held personally liable. Source: labor.illinois.gov/laws-rules/fls/wpca-penalties.html, as of 2026.

• Are non-compete agreements enforceable in Illinois?

  The Illinois Freedom to Work Act (IFWA, 820 ILCS 90, eff. Jan 1, 2022) voids non-compete agreements for employees earning $75,000 per year or less. Non-solicitation agreements are void for employees earning $45,000 per year or less. Thresholds increase $5,000 (NCA) and $2,500 (non-solicitation) every five years, next rising in 2027. Employers must also provide a 14-day advance review period and adequate consideration. Source: ILGA.gov, as of 2026.

• Does Illinois require meal or rest breaks?

  Yes. Under ODRISA (820 ILCS 140, updated Jan 1, 2023), employees working more than 7.5 hours must receive a 20-minute meal break starting no later than 5 hours after shift start. An additional 20-minute meal break is required for every 4.5 additional continuous hours worked. Employers must also permit reasonable restroom breaks. FLSA requires neither. Source: labor.illinois.gov/laws-rules/fls/odrisa.html, as of 2026.

• Does Illinois have a mandatory sick leave law?

  Yes. The Illinois Paid Leave for All Workers Act (PLAWA, 820 ILCS 192, eff. Jan 1, 2024) requires paid leave accruing at 1 hour for every 40 hours worked, capped at 40 hours per 12-month period. Unused leave carries over annually (up to 40-hour cap). Employees may use leave for any reason after a 90-day waiting period. FLSA has no paid leave mandate. Source: labor.illinois.gov/laws-rules/paidleave.html, as of 2026.

• What is the Illinois minimum wage in 2026?

  Illinois minimum wage is $15.00 per hour as of January 1, 2025, with no increase scheduled for 2026. This is more than double the federal FLSA floor of $7.25/hr. Tipped employees must receive at least $9.00/hr cash wage (60% of minimum; tip credit capped at $6.00/hr). Youth workers under 18 working fewer than 650 hours per year earn $13.00/hr. A training wage of $14.50/hr applies for the first 90 days for employees 18 and older. Source: labor.illinois.gov, as of 2026.

• What is the minimum wage in Chicago in 2026?

  Chicago employers with 4 or more employees must pay at least $16.60 per hour as of 2026. Tipped employees in Chicago must receive at least 60% of the Chicago rate ($9.96/hr) as their cash wage. Source: City of Chicago, as of 2026.

• What is the Illinois ODRISA 7th-day rest requirement?

  Under the One Day Rest in Seven Act (ODRISA, 820 ILCS 140), every employer must provide at least 24 consecutive hours of rest within every consecutive 7-day period. An employer may obtain a permit from IDOL allowing 7th-day work only if employees voluntarily agree and receive applicable overtime pay for all hours worked on that 7th day. Source: labor.illinois.gov, as of 2026.

• How does Illinois PLAWA differ from a traditional sick leave law?

  Unlike most state sick leave laws that restrict usage to illness, medical appointments, or caring for a family member, the Illinois Paid Leave for All Workers Act (PLAWA) allows employees to use their accrued paid leave for any reason — no explanation required. Accrual begins on day one of employment (or Jan 1, 2024 for existing employees), but usage cannot begin until the 90-day waiting period has passed. Source: labor.illinois.gov, as of 2026.