Labor Laws and Legal Rights in Illinois

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    • Learn about employee rights in Illinois.la rencontre image by Yves Damin from Fotolia.com

      Although the federal Fair Labor Standards Act (FLSA) sets a national minimum wage and guarantees workers overtime with some exceptions, each state has the right to create stricter state labor laws. In Illinois, employees are given additional rights and protections, such as a higher minimum wage and a day off from work each week. Illinois labor laws are administered by the Illinois Department of Labor (IDOL).

    Minimum Wage and Overtime

    • As of 2010, the minimum wage in Illinois is $8.25 per hour, which is higher than the federal minimum wage under the Fair Labor Standards Act. Employees in Illinois are also guaranteed overtime, equal to one and a half times the employee's regular rate for all hours worked beyond a 40-hour threshold each week. However, generously compensated, salaried employees are exempt from overtime pay under the FLSA as well as under Illinois law.

    Required Rest Days and Breaks

    • Under Illinois law, employees have a right to a rest period lasting a minimum of 24 hours in each calendar week. Through this provision, employers cannot require employees to work for seven consecutive days. However, employees can voluntarily elect to work on the seventh day if they so choose. Illinois law also requires employers to give employees an unpaid meal period lasting at least 20 minutes for every shift lasting 7.5 hours or longer. The break must also be given no less than five hours after the shift begins.

    Child Labor

    • In Illinois, children under the age of 16 must have an employment certificate that confirms their age, physical ability to work and the assurance that work will not interfere with their education. Illinois law also prohibits the employment of minors in hazardous occupations and limits the hours a child can work. For example, employers cannot employ a child before 7 a.m. or after 9 p.m. at any time, and also past 7 p.m. during the school year.

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