Minimum Wage in Illinois

Guide last updated: April 17, 2026. Hazard class: financial. Civic education by a Concerned Parent.

The short version

Illinois has a statewide minimum wage that is higher than the federal minimum. Chicago and Cook County have their own minimum wage ordinances that are higher still. The wage that applies to you depends on where you work, not where you live. Tipped workers, youth workers, and certain other categories have different rates. Wage theft is one of the most common employment-law violations.

Current minimum wage rates

Wages update each January for state and July for Chicago. Check for the current year.

State of Illinois

Chicago

Cook County (outside Chicago)

Which wage applies to you

The employee is entitled to the highest applicable wage. So a tipped server in a Chicago restaurant is entitled to Chicago tipped-worker rates (higher than state), not state tipped-worker rates. A warehouse worker in an unincorporated suburb is entitled to Cook County rates if the county ordinance applies to that location.

Location means where the work is performed — not where the employer is headquartered. A Chicago-based employer with a worker who commutes to an Indiana warehouse is subject to Indiana law for that worker.

Tipped workers

Federal and Illinois law allow employers to pay a reduced cash wage to tipped workers (a "tip credit"), as long as tips bring the total to at least the full minimum wage. The employer must make up any shortfall.

Common violations:

Chicago phased out the tipped minimum wage — all tipped workers in Chicago are moving toward receiving the full minimum wage regardless of tips by 2028.

Overtime

Non-exempt employees are entitled to 1.5× the regular rate for hours worked over 40 in a single workweek. See the separate overtime guide for detail on exemptions, "regular rate" calculation, and common employer errors.

Paid sick leave and paid leave for any reason

Illinois has several paid-leave laws:

Employees cannot be retaliated against for using paid leave.

What is and isn't work time

Off-the-clock work — checking email before arriving, finishing paperwork after leaving, answering calls on breaks — is work time and must be paid. "I only worked the clock" is a common employer defense, but the underlying work time is still compensable.

Common wage theft patterns

How to report

Illinois Department of Labor

Enforces state minimum wage, overtime, Paid Leave for All Workers Act, and related laws. File complaints online or call 312-793-2800. Anonymous complaints accepted; investigation follows.

U.S. Department of Labor — Wage and Hour Division

Enforces federal FLSA. Useful when the state agency is slow or when the employer is an interstate operation. File online or call 866-487-9243. Complaints can be made in any language; WHD has confidentiality protections for workers.

Chicago Office of Labor Standards

Enforces Chicago ordinances including Chicago Minimum Wage and Paid Sick Leave. File at chicago.gov Office of Labor Standards.

Cook County Department of Human Rights and Ethics

Enforces Cook County wage and sick-leave ordinances.

Private lawsuit

Both Illinois and federal law allow private suits for wage violations, with treble damages and attorney's fees for successful plaintiffs. Plaintiffs'-side employment attorneys often take wage cases on contingency. National Employment Lawyers Association (NELA) maintains a directory.

Retaliation

Retaliation for filing a wage complaint or discussing wages is independently illegal. If your hours are cut, you are terminated, or your working conditions change after you raise a wage issue, that is itself a claim. Document the timing carefully.

Immigration status and wage protections

Wage protections apply regardless of immigration status. An undocumented worker is entitled to minimum wage, overtime, and paid leave on the same terms as any other worker. Agencies and many attorneys represent workers regardless of status. Worker centers like Latino Union of Chicago and Chicago Workers Collaborative specialize in wage claims for immigrant workers.