Illinois Overtime Laws: Threshold, Rate and Exemptions — Best Proven Guide (2026)

Under Illinois overtime laws you earn after 40 hours in a workweek at 1.5 times the regular rate, and no daily overtime in Illinois — only the weekly total counts. The minimum wage is $15.00 (employers of 4 or more). This guide gives the exact illinois overtime laws rule with the date we verified it, the statute, and what to do next.

Rules verified against Illinois Department of Labor on 2026-10-08; confirm the current rule with Illinois Department of Labor or an attorney before you rely on it.

Illinois Overtime Laws: The Rules

After 40 hours in a workweek at 1.5 times the regular rate. No daily overtime in Illinois — only the weekly total counts. The overtime rate is one and a half times your regular rate of pay — the regular rate includes non-discretionary bonuses and shift differentials, not just the base wage.

How to Calculate Overtime Under Illinois Overtime Laws

Take your total pay for the week, divide by the hours you worked to get the regular rate, and multiply the overtime hours by 1.5 times that rate. A worker paid $15.00 an hour who works 48 hours in a 40-hour state is owed 8 hours at time and a half.

Salary does not mean exempt: a salaried worker below the exemption tests still gets overtime on the hours over the threshold.

Illinois Overtime Laws at a Glance

Rules verified against Illinois Department of Labor on 2026-10-08; confirm the current rule with Illinois Department of Labor or an attorney before you rely on it. The statute row is where to check it yourself.

Who Is Exempt From Illinois Overtime Laws

Illinois follows the federal exemptions. Salaried executives, administrators and professionals, plus outside salespeople, are generally not owed overtime. These white-collar exemptions usually require a set weekly salary and duties that match the federal definitions. A job title alone does not make a worker exempt, so confirm with the state agency.

Daily Overtime and Illinois Overtime Laws

Illinois has no daily overtime rule: a 12-hour day in a 36-hour week earns no premium, because only the weekly total counts. Private employers in Illinois generally may not give comp time instead of overtime pay. Overtime hours must be paid at the overtime rate. Comp time is generally limited to public-sector employers.

Is Overtime Taxed Differently Under Illinois Overtime Laws?

No — overtime is ordinary wages and is taxed at the same income-tax rates as the rest of your pay; it can push more of your pay into a higher withholding bracket on one check, but the annual tax rate does not change. Illinois lets employers count part of a tipped worker’s tips toward the minimum wage.

Overtime is figured on the full minimum wage, not the lower cash wage, and the tip credit cannot be increased for overtime hours. Tips the worker keeps do not reduce the overtime owed.

How to Claim Unpaid Overtime Under Illinois Overtime Laws

An Illinois worker can file a minimum wage and overtime complaint with the Illinois Department of Labor using its Wage Complaint Form, either online or by mail or email. Workers can also bring a claim to the U.S. Department of Labor’s Wage and Hour Division or file a private lawsuit.

The look-back period is set by statute and is shown in the figures section, so most claimants should file soon and keep their pay stubs and W-2 or 1099 forms.

Other Illinois Overtime Laws Rules to Know

Very small employers fall outside the state overtime law, but federal law may still cover their workers. If the work was in Chicago or Cook County, the complaint may instead go to the Chicago Office of Labor Standards, part of the Department of Business Affairs and Consumer Protection, or to the Cook County Commission on Human Rights.

The One Day Rest in Seven Act also gives most workers a guaranteed day of rest each workweek.

Frequently Asked Questions

When do I get overtime under Illinois overtime laws?

After 40 hours in a workweek at 1.5 times the regular rate. No daily overtime in Illinois — only the weekly total counts.

What is the overtime rate in Illinois?

One and a half times your regular rate of pay, which includes non-discretionary bonuses and shift pay.

Does Illinois have daily overtime?

No daily overtime in illinois — only the weekly total counts.

Can my employer give comp time instead of overtime pay in Illinois?

Private employers in Illinois generally may not give comp time instead of overtime pay. Overtime hours must be paid at the overtime rate. Comp time is generally limited to public-sector employers.

How do I claim unpaid overtime in Illinois?

An Illinois worker can file a minimum wage and overtime complaint with the Illinois Department of Labor using its Wage Complaint Form, either online or by mail or email. Workers can also bring a claim to the U.S.

Official Illinois Sources & Resources

• Illinois Department of Labor: https://labor.illinois.gov/laws-rules/fls/wage-payment-and-collection-act.html
• Illinois statute: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2403&ChapterID=68
• Verified source: https://www.dol.gov/agencies/whd/minimum-wage/state
• U.S. Department of Labor, Wage and Hour Division — state payday requirements: dol.gov

This illinois overtime laws guide was last verified against official Illinois sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.

More Illinois Workplace Rights Guides

• Illinois Break Laws: Meal and Rest Breaks
• Illinois Final Paycheck Law: Deadlines and Penalties
• Illinois Labor Laws: Every Rule in One Place
• Illinois Unemployment Benefits: How Much and How Long
• Unemployment and Workplace Rights Guides for All 50 States

Disclaimer: This guide is general information, not legal or financial advice. My Unemployment Rights is an independent educational resource, not a government agency and not a law firm. Final-paycheck deadlines, penalties and non compete rules change — every figure here carries the date we verified it. Confirm the current rule with your state labor department or a licensed attorney before you act.