Illinois Employment Law:
Your Rights as a Worker.

Overview: Illinois Worker Protections (2026)

Illinois workers are protected by federal law (Title VII, ADEA, ADA, FMLA, FLSA), Illinois state law (Illinois Human Rights Act, Illinois Minimum Wage Law, Illinois Wage Payment and Collection Act, Paid Leave for All Workers Act), and for workers in Chicago and Cook County, additional local ordinances that set higher minimum wages and additional protections. Illinois has been particularly innovative in areas like biometric privacy (BIPA) and paid leave.

Minimum Wage in Illinois (2026)

Illinois reached its $15/hour statewide minimum wage target as of January 1, 2025, following a multi-year phase-in. As of 2026:

• Illinois statewide: $15.00/hour for workers 18 and older
• Workers under 18: $13.00/hour (for up to 90 days with same employer)
• Chicago: $16.20/hour (July 1, 2025 rate; increases annually with CPI)
• Cook County (outside Chicago): $14.05/hour (July 1, 2025)
• Tipped workers (Illinois): $9.00/hour cash wage; tips must bring total to at least minimum wage
• Overtime: 1.5× regular rate for hours over 40 per workweek — follows federal FLSA standard

Illinois Paid Leave for All Workers Act (2024–2026)

The Illinois Paid Leave for All Workers Act, effective January 1, 2024, is one of the broadest paid leave laws in the United States. Unlike paid sick leave laws, this law does not require employees to justify how they use paid leave.

• Workers accrue 1 hour of paid leave for every 40 hours worked, up to 40 hours (5 days) per year
• Employees can use leave for any reason — no documentation or explanation required
• Applies to all Illinois employers with at least 1 employee (very broad coverage)
• Employers may require up to 7 days advance notice for foreseeable leave; for unforeseeable leave, notice as soon as practicable
• Leave begins accruing on the first day of employment; employees can begin using accrued leave after 90 days
• Chicago workers are covered by a separate Chicago Paid Leave ordinance that provides additional benefits

Illinois Human Rights Act: Anti-Discrimination Protections

The Illinois Human Rights Act (IHRA) prohibits employment discrimination and applies to employers with 1 or more employees in Illinois — much broader than federal Title VII's 15-employee threshold. Illinois prohibits discrimination based on:

• Race, color, national origin, ancestry
• Sex (including pregnancy, sexual harassment, and sex stereotyping)
• Sexual orientation and gender identity
• Age (40+ under IHRA; 18+ for some provisions)
• Disability (physical or mental)
• Religion and religious accommodation needs
• Marital status
• Military status and veteran status
• Arrest record and conviction record (with limitations — must be substantially related to the job)
• Citizenship status
• Order of protection status
• Unfavorable military discharge
• Work authorization status (Immigrant Worker Protection Act)

BIPA: Illinois Biometric Information Privacy Act

Illinois's Biometric Information Privacy Act (BIPA, 740 ILCS 14/) is the strongest biometric privacy law in the United States and has generated billions of dollars in litigation since its enactment. It is particularly relevant to workers whose employers use fingerprint time clocks, facial recognition, or other biometric systems.

What BIPA requires from employers

• Must have a written publicly available policy establishing a retention schedule and guidelines for permanently destroying biometric data
• Must obtain written informed consent before collecting any biometric data from workers
• Must inform workers in writing: (1) that biometric data is being collected, (2) the specific purpose for collection, and (3) the length of time it will be stored
• Cannot sell or profit from employee biometric data under any circumstances
• Must use reasonable standard of care to protect biometric data storage
• Must destroy biometric data within 3 years of last interaction or when the purpose for collection ends, whichever comes first

BIPA penalties

• $1,000 per negligent violation (per person, per collection or disclosure)
• $5,000 per intentional or reckless violation
• Plus attorney's fees and costs
• No cap on damages — class actions have produced settlements of $100M+ (Facebook: $650M; Google: $100M; TikTok: $92M)
• Illinois Supreme Court confirmed in Cothron v. White Castle (2023): each scan is a separate violation, not just each initial collection

Non-Compete and Non-Solicitation Agreements in Illinois (2026)

The Illinois Freedom to Work Act (amended effective January 1, 2022) significantly restricted the enforceability of non-compete and non-solicitation agreements:

Non-compete agreements

• Only enforceable for employees earning more than $75,000/year (in 2026; threshold rises by $5,000 every 5 years)
• Employee must receive the agreement and have at least 14 days to review before signing
• Employee must receive adequate consideration — continued employment alone is not sufficient if employee already has the job
• Restriction must be no greater than necessary to protect a legitimate business interest (customer relationships, trade secrets, etc.)
• Illinois Attorney General can investigate and take enforcement action against employers with unlawful non-compete practices

Non-solicitation agreements

• Only enforceable for employees earning more than $45,000/year
• Same 14-day advance review requirement applies

At-Will Employment and Wrongful Termination in Illinois

Illinois is an at-will employment state, but numerous exceptions apply:

• Discrimination: Cannot be fired based on any IHRA protected characteristic — applies to employers with even 1 employee
• Retaliation: Cannot be fired for filing a workers' compensation claim, reporting OSHA violations, or exercising rights under any Illinois labor statute
• Whistleblower protections: Illinois Whistleblower Act (740 ILCS 174/) protects employees who refuse to participate in illegal activity or report violations to government agencies
• BIPA retaliation: Cannot be fired for exercising BIPA rights or refusing to submit biometric data without proper consent procedures
• Contract: Written employment contracts, offer letters promising specific terms, and employee handbooks with "for cause" termination language can create enforceable contractual rights

Wage Protections: Illinois Wage Payment and Collection Act

• Employers must pay all wages earned at every pay period — including commissions and bonuses that were earned and due
• At termination, all final wages must be paid on the next regular payday
• Double damages: Workers can recover unpaid wages plus 2× the unpaid amount as damages, plus attorney's fees
• Statute of limitations: 10 years for wage claims under the Illinois Wage Payment and Collection Act — one of the longest in the US
• The Illinois Department of Labor (labor.illinois.gov) investigates wage complaints — free to file

How to File an Employment Claim in Illinois

Discrimination and harassment

• Illinois Department of Human Rights (IDHR): idhr.illinois.gov — file within 300 days of the discriminatory act; cross-files with EEOC automatically
• Chicago Commission on Human Relations: for Chicago workers — file within 300 days
• After investigation, IDHR may issue a right-to-sue letter or proceed to the Illinois Human Rights Commission for adjudication

Wage claims

• Illinois Department of Labor: labor.illinois.gov — file an online wage complaint; 10-year statute of limitations
• Civil lawsuit: file in circuit court for unpaid wages plus double damages and attorney's fees

BIPA claims

• File a lawsuit directly in Illinois circuit court — no administrative filing required
• 5-year statute of limitations for intentional violations (Illinois Supreme Court: Tims v. Black Horse Carriers, 2023)
• Many plaintiffs join existing class actions — consult an employment attorney who handles BIPA cases