Frequently Asked Questions About Illinois Labor Laws:
Q: Can an employer terminate an Illinois resident without advance notice or without giving a reason for the termination?
A: Yes. According to the IDOL, Illinois is an "employment at-will" state, meaning that an employer or employee may terminate the relationship at any time, without any reason or cause. The employer, however, cannot discriminate based on race, color, religion, sex, national origin, ancestry, citizenship status, age, marital status, physical or mental handicap, military service or unfavorable military discharge.
Q: Under Illinois law, is an employee required to give two weeks notice before terminating his employment?
A: No. Notice is not required by either party based on the doctrine of "employment at-will."
Q: What is minimum wage in Illinois?
A: Minimum wage in Illinois is $5.15 per hour for residents who are 18 years and older. Those who are under 18 years old may be paid at a rate of $4.65 per hour.
Q: When is an Illinois resident entitled to overtime?
A: An Illinois resident is entitled to overtime in one week after working over 40 hours in a workweek. This does not apply to all industries in Illinois.
Q: How long after quitting a job, does an Illinois resident have to file a claim under Illinois labor law?
A: An employee must file his claim with the IDOL within 180 days after his wages or final compensation was due.
Q: Can an Illinois employer hold an employee’s paycheck until the employee returns property that belonged to the company that he worked for?
A: No, an employer cannot withhold or deduct from wages pending the return of employer owned property.
Q: What hours can a minor legally work under Illinois labor law?
A: A 14 or 15-year-old minor may not work before 7 a.m. or after 7 p.m. between Labor Day and June 1. A 14 or 15 year old minor may not work: after 9 p.m. June 1 through Labor Day, more than 8 hours on non-school days, more than 3 hours on school days, more than 24 hours during school weeks, more than 48 hours during non-school weeks, and more than six days per week.
Q: What is The Illinois Prevailing Wage Act?
A: In 2002, the State of Illinois investigated more than 1,400 complaints filed under the Prevailing Wage Act. As a result, over $1,900,000 was collected on behalf of the building industry wage earners and over $200,000 was collected in penalties for the State of Illinois General Revenue Fund. To view the Illinois Prevailing Wage Act, Illinois lawyers, which includes Chicago lawyers, refer to 820 ILCS 130/.
(820 ILCS 130/1)
Sec. 1. It is the policy of the State of Illinois that a wage of no less than the general prevailing hourly rate as paid for work of a similar character in the locality in which the work is performed, shall be paid to all laborers, workers and mechanics employed by or on behalf of any and all public bodies engaged in public works.
(Source: P.A. 83-443.)
(820 ILCS 130/2)
Sec. 2. This Act applies to the wages of laborers, mechanics and other workers employed in any public works, as hereinafter defined, by any public body and to anyone under contracts for public works.
(820 ILCS 130/3)
Sec. 3. Not less than the general prevailing rate of hourly wages for work of a similar character on public works in the locality in which the work is performed, and not less than the general prevailing rate of hourly wages for legal holiday and overtime work, shall be paid to all laborers, workers and mechanics employed by or on behalf of any public body engaged in the construction of public works. Only such laborers, workers and mechanics as are directly employed by contractors or subcontractors in actual construction work on the site of the building or construction job, and laborers, workers and mechanics engaged in the transportation of materials and equipment to or from the site, but not including the transportation by the sellers and suppliers or the manufacture or processing of materials or equipment, in the execution of any contract or contracts for public works with any public body shall be deemed to be employed upon public works.
(Source: P.A. 83-443.)
(820 ILCS 130/4)
Sec. 4. The public body awarding any contract for public work or otherwise undertaking any public works, shall ascertain the general prevailing rate of hourly wages in the locality in which the work is to be performed, for each craft or type of worker or mechanic needed to execute the contract, and where the public body performs the work without letting a contract therefore, shall ascertain the prevailing rate of wages on a per hour basis in the locality, and such public body shall specify in the resolution or ordinance and in the call for bids for the contract, that the general prevailing rate of wages in the locality for each craft or type of worker or mechanic needed to execute the contract or perform such work, also the general prevailing rate for legal holiday and overtime work, as ascertained by the public body or by the Department of Labor shall be paid for each craft or type of worker needed to execute the contract or to perform such work, and it shall be
mandatory upon the contractor to whom the contract is awarded and upon any subcontractor under him, and where the public body performs the work, upon the public body, to pay not less than the specified rates to all laborers, workers and mechanics employed by them in the execution of the contract or such work; provided, however, that if the public body desires that the Department of Labor ascertain the prevailing rate of wages, it shall notify the Department of Labor to ascertain the general prevailing rate of hourly wages for work under contract, or for work performed by a public body without letting a contract as required in the locality in which the work is to be performed, for each craft or type of worker or mechanic needed to execute the contract or project or work to be performed. Upon such notification, the Department of Labor shall ascertain such general prevailing rate of wages, and certify the prevailing wage to such public body. The public body awarding the contract shall cause to be inserted in the contract a stipulation to the effect that not less than the prevailing rate of wages as found by the public body or Department of Labor or determined by the court on review shall be paid to all laborers, workers and mechanics performing work under the contract. It shall also require in all such contractor's bonds that the contractor include such provision as will guarantee the faithful performance of such prevailing wage clause as provided by contract. All bid specifications shall list the specified rates to all laborers, workers and mechanics in the locality for each craft or type of worker or mechanic needed to execute the contract. If the Department of Labor revises the prevailing rate of hourly wages to be paid by the public body, the revised rate shall apply to such contract, and the public body shall be responsible to notify the contractor and each subcontractor, of the revised rate. Two or more investigatory hearings under this Section on the issue of establishing a new prevailing wage classification for a particular craft or type of worker shall be consolidated in a single hearing before the Department. Such consolidation shall occur whether each separate investigatory hearing is conducted by a public body or the Department. The party requesting a consolidated investigatory hearing shall have the burden of establishing that there is no existing prevailing wage classification for the particular craft or type of worker in any of the localities under consideration.
(Source: P.A. 92-783, eff.8-6-02.).