Part-time vs. Full-time
Illinois state law does not specifically define what constitutes part-time or full-time employment. Instead, it leaves the determination of these designations to the employer. However, certain laws and regulations apply to both part-time hours per week and full-time hours per week, regardless of the employment classification.
For example, the Illinois Minimum Wage Law, which sets the minimum wage rate for employees, applies to both part-time and full-time workers. Similarly, the Illinois Human Rights Act, which prohibits discrimination in the workplace, applies to all employees, regardless of their full-time or part-time status.
Under the Affordable Care Act (ACA), employers with 50 or more full-time or full-time equivalent employees are required to offer health insurance coverage to their employees, including those who work part-time. The ACA defines full-time employees as those who work an average of 30 or more hours per week.
While Illinois does not have a specific law governing part-time hours per week, some employers may choose to offer certain benefits or protections to full-time employees that are not extended to part-time workers. For example, an employer may offer paid time off or other benefits to full-time employees only.
Minimum Wage
Under Illinois labor laws, the state minimum wage is currently set at $13.00 per hour as of 2023. This rate is higher than the federal minimum wage of $7.25 per hour. Certain employees may be exempt from the minimum wage requirements, such as tipped employees and workers with disabilities.
Illinois employers must pay their employees the minimum wage for all hours worked. If an employer fails to pay an employee the required minimum wage, the employee may file a complaint with the Illinois Department of Labor or file a lawsuit to recover unpaid wages.
Additionally, under Illinois law, employers are required to pay employees for all hours worked, including any overtime hours worked. If an employee believes they have not been paid for all hours worked, they may file a complaint with the Department of Labor or file a lawsuit to recover unpaid wages in Illinois.
Illinois law also requires employers to provide employees with regular paydays and to provide employees with written notice of their wages and hours at the time of hiring. Employers who fail to comply with these requirements may be subject to fines and other penalties.
Overtime
Illinois law requires employers to pay overtime to non-exempt employees who work more than 40 hours in a workweek. The overtime in Illinois is one and a half times the employee’s regular pay rate for all hours worked over 40 hours in a workweek.
Certain employees are exempt from the overtime requirement under Illinois law, such as those who are classified as executive, administrative, or professional employees. Additionally, some industries, such as agriculture and transportation, have different overtime rules.
Illinois law also requires that employers keep accurate records of all hours worked by non-exempt employees, including hours worked over 40 hours in a workweek. If an employer fails to pay an employee the required overtime rate, the employee may file a complaint with the Illinois Department of Labor or file a lawsuit to recover unpaid wages.
Federal law also governs overtime pay, and employers must comply with whichever law provides greater protections for employees. Under federal law, non-exempt employees are also entitled to overtime pay at a rate of one and a half times their regular rate of pay for all hours worked over 40 hours in a workweek.
Employees in Illinois who believe their employer has violated overtime laws should seek legal advice or file a complaint with the Illinois Department of Labor.
Health Benefits
Under Illinois law, employers are not required to provide health benefits to employees, except for certain employers in the healthcare industry. However, employers who offer health benefits must comply with state and federal laws regulating employee benefits. For example, the ACA requires certain employers to offer health insurance coverage to employees who work over 30 hours per week.
Employers who offer health benefits must also comply with the Illinois Continuation Coverage Law, which requires employers to offer continuation coverage to employees who lose their health insurance due to a qualifying event, such as termination of employment. Additionally, employers who offer health benefits may be subject to the Illinois Insurance Code, which regulates the types of health insurance plans that employers can offer.
Discrimination
Under Illinois law, it is illegal for employers to discriminate against employees or job applicants based on certain protected characteristics, including race, color, national origin, sex, religion, age, disability, and sexual orientation. The Illinois Human Rights Act prohibits discrimination in employment, housing, and public accommodations based on these protected characteristics.
Employees who believe they have been discriminated against in the workplace may file a complaint with the Illinois Department of Human Rights or file a lawsuit in court. Employers who are found to have engaged in discrimination may be required to pay damages, including back pay, and may be subject to fines and other penalties.
Illinois law also protects employees who report discrimination or who participate in discrimination investigations from retaliation by their employers. If an employer retaliates against an employee for reporting discrimination or participating in an investigation, the employee may file a complaint or lawsuit to recover damages.
Time Off
Under Illinois law, employers are not required to provide employees with paid time off (PTO), vacation, or sick leave. However, employers who choose to offer these benefits must comply with state and federal laws that regulate employee benefits.
For example, employers who offer PTO or vacation time must comply with the Illinois Wage Payment and Collection Act, which regulates the payment of wages to employees, including the payment of accrued vacation time. Additionally, employers who offer sick leave may be subject to the federal Family and Medical Leave Act (FMLA), which provides eligible employees with up to 12 weeks of unpaid leave for certain medical and family reasons.
Employers may also be required to provide employees with time off for jury duty, military leave, and certain other reasons under state and federal law.
What Are Some Examples of Common Lawsuits Associated with Illinois Labor Law?
Some common lawsuits associated with Illinois labor law include:
- Unpaid wages or overtime: Employees may file lawsuits against their employers for unpaid wages or overtime, including failure to pay minimum wage, failure to pay for all hours worked, and failure to pay overtime at the appropriate rate.
- Workplace discrimination: Employees may file lawsuits against their employers for discrimination based on protected characteristics such as race, gender, age, and disability.
- Retaliation: Employees may file lawsuits against their employers for retaliating against them for engaging in protected activities, such as reporting discrimination or harassment or participating in investigations.
- Wrongful termination: Employees may file lawsuits against their employers for terminating their employment in violation of state or federal law.
Where Can I Find a Lawyer to Help Me?
If you are an employee in Illinois who believes your employer has violated your rights under state or federal labor laws, seek legal advice from an experienced Illinois labor lawyer. A labor lawyer can help you understand your legal rights and options, negotiate with your employer, and represent you in court if necessary.
