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Illinois, United States Attorneys in related practice areas.
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Browse our 6 legal questions about Employment & Labor in United States and the lawyer answers, or ask your own questions for free.
Employment & labor law in Illinois provides important protections and sets out obligations for both employees and employers. These laws cover a wide range of issues including employee rights, workplace safety, wages, discrimination, termination, and benefits. The legal framework is shaped by both federal and state statutes, as well as local ordinances. Illinois has enacted additional protections in some areas such as minimum wage and discrimination laws, which may be broader than federal standards.
There are many circumstances where you might need the guidance of an employment or labor attorney in Illinois. Common situations include:
An experienced attorney can explain your rights, help you understand the law, and protect your interests in legal matters large or small.
Several key Illinois laws and regulations affect employment and labor relationships within the state:
Employers in Illinois generally cannot require employees to sign non-compete agreements unless specific requirements are met. There are also strict rules about workplace safety, recordkeeping, and employee classifications under state and federal law.
As of January 2024, the minimum wage in Illinois is $14.00 per hour for most workers. Tipped employees may be paid a lower wage, but tips and wages combined must equal at least the minimum wage. Some localities like Chicago and Cook County require higher minimum wages.
Illinois is an at-will employment state, meaning employers can generally terminate employees at any time for any reason or no reason, except for reasons that are illegal such as discrimination or retaliation.
It is illegal in Illinois to discriminate against employees or job applicants on the basis of race, color, religion, sex, national origin, age (40 and older), disability, sexual orientation, gender identity, pregnancy, arrest record, marital status, and several other protected categories.
You should first raise the issue with your employer. If the matter is not resolved, you may file a claim with the Illinois Department of Labor under the Illinois Wage Payment and Collection Act or seek legal assistance to pursue your unpaid wages.
Yes. Under the Paid Leave for All Workers Act, many Illinois employees accrue at least one hour of paid leave for every 40 hours worked, which can be used for any reason. There are some exceptions and additional local requirements in places like Chicago.
Most employees who work more than 40 hours in a workweek are entitled to overtime pay at one and a half times their regular hourly rate, unless they fall under specific exemptions.
You can file a complaint with the Illinois Department of Human Rights or the Equal Employment Opportunity Commission. Strict time limits may apply, so consider contacting a lawyer or one of these agencies as soon as possible.
Most employees in Illinois are covered by workers’ compensation, which provides benefits for medical expenses, lost wages, and disability. Claims are filed with the Illinois Workers’ Compensation Commission.
Illinois has strict rules regarding non-compete agreements. Employers generally cannot require most low-wage workers to sign such agreements. Non-compete and non-solicitation agreements for other employees must meet specific requirements to be enforceable.
Time limits for filing claims depend on the nature of the claim. Wage claims under the Illinois Wage Payment and Collection Act must generally be filed within 10 years. Discrimination claims must usually be filed within 180 or 300 days of the incident. Consult a lawyer or relevant agency for guidance.
If you need more information or assistance, the following resources may be helpful:
If you believe you need legal assistance regarding an employment or labor issue in Illinois, start by gathering all relevant information and documentation, such as pay stubs, employment contracts, correspondence, and disciplinary notices. Consider contacting one of the state agencies listed above for guidance, or reach out to a qualified employment & labor law attorney with experience in Illinois law. Many lawyers offer an initial consultation to discuss your case and explain your options. Acting quickly is important, as strict deadlines often apply in employment matters. Remember, getting legal advice early can help you understand your rights and protect your interests.
