What Are Some Details of the Illinois Minimum Wage Law?


Quick Answer

The Illinois minimum wage law mandates that employees age 18 and over receive an hourly wage of at least $8.25, explains the Illinois Department of Labor. For the first 90 days, employees may receive $7.75 per hour, and employers may pay employees under the age of 18 $7.75 per hour, as of 2015.

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Employers must also pay tipped employees minimum wage, although the employer can take credit for the tips, reports the Illinois Department of Labor. The credit the employer takes cannot be greater than 40 percent of the employee's wages. Employers applying the 40 percent tip credit may pay tipped employees over 18 years of age an hourly training wage of $4.65 for the first 90 days. Employers not using the tip credit must pay employees $4.95 after 90 days.

Individuals who work more than 40 hours in a workweek are eligible to receive overtime pay, according to the Illinois Department of Labor. Employees do not automatically receive overtime pay for working on Sundays or legal holidays unless doing so puts an employee over the limit of 40 hours in a workweek. Employers must pay overtime wages at the rate of time and a half. If the employer has agreed to pay overtime at a double time rate, the employer must follow that agreement.

Certain positions are exempt from overtime pay, including salesmen and mechanics who sell or service trucks, farm equipment or cars at dealerships, notes the Illinois Department of Labor. Certain employees of educational or residential child care centers, as well as certain employees working in radio or television in cities with fewer than 100,000 residents are also exempt. If an employee is considered commissioned or an executive, administrative or professional employee under the Fair Labor Standards Act, this employee is also exempt from overtime compensation.

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