Illinois Fair Labor Standards Act

The Minimum Wage

• The minimum wage in the state of Illinois is $8.25 an hour. Newly-employed workers can be paid at a rate of $7.75 an hour during a 90-day probationary period. Once the 90-day period has passed, employers must pay their employees at the $8.25 rate. There are two exceptions to the minimum wage law. Workers under the age of 18 have a minimum wage of $7.75 an hour. Moreover, workers who receive more than $30 in tips a month have a minimum wage set at 40 percent less than the minimum level.
  
  

Overtime

• The Fair Labor Standards Act sets the standard workweek at 40 hours in a seven-day period. If an employee works more than 40 hours in a workweek for a single employer, that employee must be given overtime pay. According to the FLSA, overtime is equal to time and a half of the employee's regular hourly wage. There is no maximum to the amount of hours an employee may work in a given week. There are exemptions to the FLSA overtime rules, however. These include salaried employees, hospital workers, taxi drivers and amusement park employees.
  
  

Breaks and Days Off

• The state of Illinois requires a 20-minute unpaid meal break for an employee who works for 7 ½ continuous hours. All rules regarding breaks must be in writing and posted in the employee break room. Employers are allowed to create schedules as they wish. If an employee is working for six days in a week, he is required by the state of Illinois to have a full 24-hour rest period before returning to work.
  
  

Record-keeping

• Employers are required by the FLSA to keep accurate records on employees. These records must include the date of employment, wages, pay raises, tax withholding amounts and any type of sick or paid leave. The state of Illinois allows for employees to ask for these records twice a year. Former employees have up to one year, after their final day of work, to request copies of these records.
  
  

End of Employment

• Illinois is an at will employment state. This means that an employer may terminate an employee without any notice, and an employee may quit without notice at any time and without reason.