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Illinois Overtime Laws

Illinois workers are protected by the **Illinois Minimum Wage Law ($15.00/hr)** and the unique **One Day Rest in Seven Act (ODRISA)**, which mandates specific meal breaks and rest days. Unlike many states, Illinois has strong penalties including **5% monthly damages** on unpaid wages. If you work in Chicago, you may be entitled to an even higher minimum wage.

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Calculate Your Unpaid Overtime

Get an estimate of what you're owed in just 60 seconds. This calculator is based on federal FLSA laws and includes liquidated damages (double your unpaid wages).

How Are You Paid?

$ /hour
hours
Must be your *paid* hours (can be under 40)
weeks
Default is 1 year (52 weeks). Adjust if different.

Did You Perform Work Off-the-Clock?

This includes work before/after shifts, during breaks, or from home that wasn't recorded or paid.

This calculation is an estimate based on applicable labor laws. Your actual recovery may vary based on state laws and specific circumstances.

Illinois vs. Federal Overtime Laws

πŸ”‘ Key Fact: ODRISA Protections

While Illinois follows federal overtime rules (time-and-a-half after 40 hours), it offers **stronger protections** for breaks and rest days under the One Day Rest in Seven Act (ODRISA). Employers must provide at least **24 consecutive hours of rest** every calendar week and a **20-minute meal break** for every 7.5 hours worked.

What's the Same

  • Overtime after 40 hours/week
  • Time-and-a-half pay calculation
  • Exemption duties tests (Executive, Admin, Professional)
  • Day-rate workers entitled to overtime
  • Misclassification rules

What's Different

  • Higher Minimum Wage: $15.00/hr (Statewide) vs $7.25 Federal
  • Chicago Wage: $16.60/hr (Adjusts annually July 1)
  • Mandatory Rest Day: 24 hours off every 7 days (ODRISA)
  • Meal Breaks: Mandatory 20 mins every 7.5 hours
  • Damages: 5% damages per month of delay

Illinois Minimum Wage Timeline

$15.00
Statewide Rate
Effective Jan 1, 2025
Tipped: $9.00/hour
$16.60
Chicago Rate
Effective July 1, 2025
Cook County: Same as State or Higher

Note: Cook County suburbs may opt out but must still follow the state minimum of $15.00. Chicago has its own Ordinance that consistently exceeds the state rate.

πŸ›οΈ Crucial Illinois Labor Protections

πŸ›‘ One Day Rest in Seven Act (ODRISA)

Illinois law strictly requires employers to provide two key protections:

πŸ“† Mandatory Rest Day

24 consecutive hours of rest in every calendar week (Sunday-Saturday).

🍽️ Meal Breaks

20 minutes unpaid meal break for every 7.5 continuous hours worked.

⚠️ Penalty: Employers face steep civil penalties for ODRISA violations, and you may be entitled to significant compensation for missed breaks and forced workdays.

πŸ™οΈ Chicago Fair Workweek Ordinance

For workers in Chicago, the Fair Workweek Ordinance offers additional rights beyond state law:

πŸ“… Predictable Schedules

Right to 10 days advance notice of work schedule.

πŸ’° Predictability Pay

1 hour of pay for schedule changes made with less than 10 days notice.

⏱️ Right to Rest

Right to decline hours less than 10 hours after previous shift (Clopenings).

Common Illinois Overtime Violations

🍱 Meal Break Violations

Under ODRISA, working 7.5 hours without a 20-minute meal break is illegal. Auto-deducting lunch when you worked through it is wage theft.

β˜€οΈ Day Rate Violations

Common in Chicago construction and logistics. Paying a flat daily rate does NOT exempt employers from paying overtime after 40 hours.

πŸ—“οΈ 7th Day Overtime

Forcing employees to work 7 consecutive days without a 24-hour rest period violates ODRISA, potentially entitling you to significant damages.

🏷️ Misclassification

Labeling office workers as "managers" to avoid paying overtime, or calling full-time workers "independent contractors" (1099).

πŸ’Έ Tip Theft

Chicago restaurants often force servers to share tips with managers or back-of-house staff, which violates both federal and state laws.

⏰ Off-the-Clock Work

Security checks, putting on uniforms, or preparing equipment before clocking in must be paid time in Illinois.

Common Violations in Illinois Industries

🏭 Manufacturing & Logistics

Factories and warehouses in the Chicago area frequent violates ODRISA:

  • Failure to provide 24-hr rest day in 7-day period
  • Unpaid time for donning/doffing protective gear
  • Shortening meal breaks to less than 20 minutes
  • Amazon/Distribution Centers: Mandatory overtime without proper breaks

πŸ₯ Healthcare

Nurses and caregivers often face automatic deduction issues:

  • Auto-deducting lunch despite working through it
  • Home health aides traveling between patients unpaid
  • 12-hour shifts without second meal break (if applicable)
  • Misclassifying RNs or case managers as exempt

πŸ—οΈ Construction

Construction sites across Illinois rampant with violations:

  • Paying straight time for overtime (cash pay)
  • Day rate pay schemes without overtime premium
  • Misclassifying workers as "independent contractors"
  • Travel time between job sites not paid

🍽️ Service Industry

Restaurants and hospitality in Chicago:

  • Fair Workweek violations (schedule changes)
  • Tip credits taken incorrectly
  • Managers taking share of tip pool
  • Unpaid side work exceeding 20% of time

What You Can Recover in Illinois

Illinois Wage Payment & Collection Act

πŸ’° 5% Monthly Damages

Under Illinois law, you can recover the unpaid wages PLUS damages of 5% of the underpayment for each month it remains unpaid. This can add up to significantly more than federal double damages for older claims.

βš–οΈ Federal Liquidated Damages

Alternatively, federal law provides for double damages (100% liquidated damages). We will calculate which law provides the maximum recovery for your specific case.

πŸ“‹ Attorney Fees & Costs

Illinois law mandates that employers pay your attorney fees and costs if you win your wage claim.

⏱️ Time Limits (Statute of Limitations)

  • Illinois State Law (Statutory): 3 years (No "willfulness" required).
  • Illinois State Law (Contract): 10 years for written contracts, 5 years for oral.
  • Federal FLSA: 2 years (3 years if willful).

⚠️ We look for EVERY legal angle to extend your back pay recovery period.

Why Illinois Law is Powerful

Illinois offers some of the strongest wage protections in the country, particularly with its simplified damages calculation and long statute of limitations.

πŸ“ˆ
5% Monthly Damages
Damages accrue every month the wages are late (up to significant amounts)
πŸ“…
3-Year Lookback
3 years to sue without proving "willfulness" (easier than federal 3-year rule)
πŸ›‘
No "HCE" Loophole
IL rejects the "Highly Compensated Employee" shortcut. You must be truly exempt.
πŸ’΅
$15+ Min Wage
Higher baseline rate = higher overtime rate

Why Choose Our National Wage Recovery Team

While Paul M. Botros is licensed in Texas and Florida, we successfully help Illinois workers recover unpaid wages through our network of skilled Illinois attorneys. We partner with experienced local counsel or obtain special admission (pro hac vice) to ensure you get both specialized wage and hour expertise and local court advantage.

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We Level the Playing Field

Large employers have legal teams. With our national network, so do you.

Frequently Asked Questions

What is the minimum wage in Illinois for 2026?

The statewide rate is $15.00/hour, but the Chicago rate is $16.60/hour.

What is the One Day Rest in Seven Act (ODRISA)?

This law requires 24 consecutive hours of rest every calendar week and a 20-minute meal break for every 7.5 hours worked.

How far back can I sue for unpaid wages in Illinois?

Minimum wage and overtime claims have a 3-year statute of limitations.

What are the penalties for wage theft in Illinois?

You can recover unpaid wages plus damages of 5% of the underpayment for each month it remains unpaid.

Does Illinois recognize the "Highly Compensated Employee" exemption?

No. Unlike federal law, Illinois does not allow the HCE shortcut; you must meet the full duties test.

Are lunch breaks mandatory in Illinois?

Yes. A 20-minute meal break is required for shifts of 7.5 hours or longer.

What is the state exempt salary threshold in Illinois for 2026?

The threshold is $62,561.90/year.

Can undocumented workers file wage claims in Illinois?

Yes. All workers are protected regardless of immigration status.

Get Your Free Case Evaluation

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