Illinois employment law compliance requirements

Sexual harassment is a form of sex discrimination prohibited under Title VII.

42 U.S.C. § 2000e-2 · effective Jan 2020

Prohibits employment discrimination based on race, color, religion, sex, or national origin.

42 U.S.C. § 2000e et seq. · effective Jan 2020

WARN notices must include: whether closing/layoff is permanent or temporary, expected date, whether bumping rights exist, name/contact for company representative.

29 U.S.C. § 2102 · effective Jan 2020

Applicable Large Employers (50+ full-time and full-time-equivalent employees) must offer affordable, minimum-value health coverage to full-time employees and their dependents or risk an employer shared responsibility payment.

26 U.S.C. § 4980H · effective Jan 2015

Agreement must advise employee to consult with attorney

29 U.S.C. § 626(f)(1)(E) · effective Oct 1990

Eligible employees entitled to 12 weeks unpaid leave

29 U.S.C. § 2612(a)(1) · effective Aug 1993

Employers must maintain anti-harassment policies

42 U.S.C. § 2000e-2 · effective Jul 1964

Illinois WARN requires 60-day notice for mass layoffs affecting 75+ employees at a single site.

820 ILCS 65/ · effective Jan 2020

Employers must provide up to 40 hours of paid leave per 12-month period, which can be used for any reason. Employees accrue leave at a rate of 1 hour for every 40 hours worked.

820 ILCS 192/1 et seq. · effective Jan 2024 · source

Employers with 75 or more full-time employees must provide 60 days' advance notice of a mass layoff or plant closing to affected employees and local government officials.

820 ILCS 65/1 et seq. · effective Jan 2005 · source

Employers must provide 60 days advance notice of plant closings (50+ employees) or mass layoffs (500+ or 50-499 if 33% of workforce).

29 U.S.C. § 2101 et seq. · effective Jan 2020

60 days advance notice for plant closings and mass layoffs

29 U.S.C. § 2102 · effective Feb 1989

All earned wages and final compensation, including accrued, unused vacation time, must be paid to the separated employee no later than the next regularly scheduled payday.

820 ILCS 115/5 · effective Jul 1974 · source

Employees 40+ must be given 21 days to consider individual severance agreements

29 U.S.C. § 626(f)(1)(F)(i) · effective Oct 1990

Employees 40+ in group terminations must be given 45 days to consider

29 U.S.C. § 626(f)(1)(F)(ii) · effective Oct 1990

Employees 40+ must be given 21 days to consider a separation agreement that includes a release of age discrimination claims.

29 U.S.C. § 626(f)(1)(F) · effective Jan 2020

In group terminations, employees 40+ must be given 45 days to consider a separation agreement.

29 U.S.C. § 626(f)(1)(H) · effective Jan 2020

Employers using AI to analyze video interviews must notify applicants, explain how AI works, and obtain consent.

820 ILCS 42/ · effective Jan 2020

Group terminations must disclose job titles and ages of affected employees

29 U.S.C. § 626(f)(1)(H) · effective Oct 1990

Non-competes are void for employees earning less than $75,000/year (increasing to $90,000 by 2027). Non-solicits void under $45,000/year.

820 ILCS 90/ · effective Jan 2020

Employers cannot enter into non-compete agreements with employees earning $75,000 or less annually, or non-solicit agreements with employees earning $45,000 or less annually.

820 ILCS 90/1 et seq. · effective Jan 2022 · source

All Illinois employers must provide annual sexual harassment prevention training to all employees.

775 ILCS 5/2-109 · effective Jan 2020

All employers with one or more employees must provide annual sexual harassment prevention training to all employees.

775 ILCS 5/2-109 · effective Jan 2020 · source

Illinois state minimum wage

820 ILCS 105/4 · effective Jan 2024

Federal minimum wage rate

29 U.S.C. § 206(a)(1) · effective Jul 2009

Applicable Large Employers (50+ full-time and full-time-equivalent employees) must file annual information returns (Forms 1094-C and 1095-C) with the IRS and furnish Form 1095-C to each full-time employee.

26 U.S.C. § 6056 · effective Jan 2015

Private employers with 100 or more employees (and certain federal contractors with 50 or more) must annually file the EEO-1 Component 1 Report with the EEOC, reporting workforce demographic data by job category, sex, race, and ethnicity.

42 U.S.C. § 2000e-8(c) · effective Jan 1966

Employers with 15 or more employees must include the pay scale and a general description of benefits in all job postings.

820 ILCS 112/10(h) · effective Jan 2025 · source

Employers must provide employees who work at least 7.5 continuous hours with an unpaid meal period of at least 20 minutes, beginning no later than 5 hours after the start of the shift. An additional 20-minute break is required for shifts of 12 hours or longer.

820 ILCS 140/1 et seq. · effective Jan 2023 · source

Employees 40+ must have 7 days to revoke after signing

29 U.S.C. § 626(f)(1)(G) · effective Oct 1990

Overtime pay for hours worked over 40 in a workweek

29 U.S.C. § 207(a)(1) · effective Oct 1938

Employers may not inquire into or require disclosure of an applicant's criminal history until the applicant has been determined qualified and selected for an interview.

820 ILCS 75/1 et seq. · effective Jan 2015 · source