Chicago Employment Lawyers

Although you should share your specific concerns with a lawyer, you might want to have a general sense of workplace protections for people in Chicago. This discusses the basics of some issues that often come up.

Chicago has enacted a minimum wage ordinance that applies to many employees who work for at least two hours in Chicago in a two-week period. It covers employers with four or more employees. As of July 2024, the minimum wage for ordinary employees was $16.20 per hour. The minimum wage for tipped employees, such as waiters in restaurants, was $11.02 per hour. However, if tips do not make up the difference between that minimum wage and the standard minimum wage, the employer must make up the difference. The overtime minimum wage was generally $24.30 for ordinary employees and $19.12 for tipped employees. The minimum wage will increase on July 1 each year. If an employee thinks that their employer is violating the Chicago minimum wage ordinance, they can file a complaint with the Chicago Office of Labor Standards.

Illinois also has its own minimum wage law. As of January 2025, this guaranteed a minimum wage of $15 per hour for most ordinary employees and $9 per hour for tipped employees. Like the Chicago ordinance, the Illinois law covers employers with four or more employees. The state law further requires overtime to be paid at 1.5 times the regular rate of pay to an employee who has worked for more than 40 hours in a workweek. (Certain types of employees are exempt from minimum wage and overtime requirements, or from overtime requirements only.) The Illinois Department of Labor investigates complaints alleging violations of this law.

Illinois requires employers to provide a meal break for every seven and a half hours worked. The break must come no later than five hours after the start of the shift. If an employee works a shift lasting at least 12 hours, the employer must permit an additional 20-minute meal break.

Employees sometimes want to know what counts as "hours worked" under the state wage law. Illinois regulations define this term as all the time that an employee is required to be on duty or at their workplace, as well as any further time that they're required or permitted to work for the employer. Travel for the employer's benefit is generally considered compensable work time, such as when an employer calls an employee back to work outside their normal work hours. Meal periods and time on call away from the workplace are considered hours worked if this time is spent mainly for the benefit of the employer.

The federal Fair Labor Standards Act (FLSA) also protects employees in Chicago and elsewhere in Illinois. It's enforced by the Wage and Hour Division of the U.S. Department of Labor. However, the FLSA may be less useful for employees because it permits a lower minimum wage than Illinois and Chicago laws. It also doesn't require meal breaks.

People often think of workplace discrimination in the context of hiring, firing, promotions, and pay. However, it can involve any situation in which someone with a protected trait under an anti-discrimination law is treated differently from people who don't have that protected trait. For example, restricting access to benefits and training opportunities or giving an employee worse work assignments could amount to discrimination. Harassment in the workplace is also considered a form of discrimination.

Chicago has a Human Rights Ordinance that applies to employers of all sizes. It prohibits discrimination based on race, color, sex (including pregnancy), gender identity, age (if you're 40 or older), religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, military status, credit history, criminal history, or source of income. You can file a complaint regarding a suspected violation of the ordinance with the Chicago Commission on Human Relations. The Commission must receive the complaint within 365 days of the incident.

The main anti-discrimination law at the state level is the Illinois Human Rights Act. Like the Chicago Human Rights Ordinance, it applies to employers of all sizes. It's enforced by the Illinois Department of Human Rights. Protected classes under the Illinois Human Rights Act include race, color, ancestry, national origin, disability, religion, sex, sexual orientation (including gender-related identity), pregnancy, reproductive health decisions, military status, unfavorable military discharge, age (40 or older), order of protection status, marital status, family responsibilities, citizenship status, work authorization status, language, conviction record, and arrest record. You have two years to file a complaint with the Department of Human Rights after an incident of apparent discrimination.

Employees in Chicago and elsewhere in Illinois also may be protected by various federal laws. These include Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans With Disabilities Act (ADA). However, federal law doesn't protect as broad a range of characteristics as the Chicago and Illinois laws. It also applies only to employers with at least a certain number of employees: 15 employees for Title VII and the ADA, and 20 employees for the ADEA. However, you can assert your rights under federal law by filing a charge with the U.S. Equal Employment Opportunity Commission. There's normally a 180-day deadline, but it extends to 300 days if a state agency enforces an anti-discrimination law that protects the same class.

Sexual harassment is a type of prohibited conduct under federal, Illinois, and Chicago employment discrimination laws. There are two main types of these claims. First, a "quid pro quo" ("this for that") sexual harassment claim can arise when someone in a position of authority in the workplace either offered a job benefit in exchange for sexual conduct or threatened the employee with an adverse employment action if they didn't submit to a sexual demand.

In addition, laws prohibit sexual harassment when it creates a hostile work environment. An employee bringing this type of claim must show that the conduct was severe or pervasive. It's important to remember that the conduct doesn't need to be both. A single serious incident can support a claim, as can a series of incidents that might not seem individually serious when considered on their own.

The same local, state, and federal agencies that enforce anti-discrimination laws in each jurisdiction also enforce prohibitions against sexual harassment, and the same time limits apply to filing a complaint.

Sometimes an employee needs to take time off from work when they're ill or when a family member is dealing with an illness. The City of Chicago has enacted a Paid Leave and Paid Sick Leave ordinance. It applies to employees who have worked for at least 80 hours for an employer in Chicago within a 120-day period. This type of employee gets one hour of paid leave (up to 40 hours in a 12-month period) and one hour of paid sick leave (up to 40 hours in a 12-month period) for every 35 hours worked. Up to 16 hours of paid leave and 80 hours of paid sick leave can be carried over between 12-month periods. An employee can use paid leave for any reason, and they can use paid sick leave for medical and safety reasons involving a family member or them.

Illinois doesn't have a comprehensive law on family and medical leave. However, the Paid Leave for All Workers Act provides that an employee generally earns one hour of paid leave for every 40 hours worked, capped at 40 hours in a 12-month period. An employee can use this leave for any reason. There's also an Employee Sick Leave Act, which requires employers to allow employees to use at least some of the sick leave available to them under certain employer policies to care for a covered family member, such as a child, spouse, sibling, parent, grandchild, or grandparent.

More generally, a Chicago employee may be able to take leave under the federal Family and Medical Leave Act. This generally covers businesses with 50 or more employees. To get FMLA leave, the employee must have worked for a covered employer for at least 12 months, have at least 1,250 hours of service during the 12 months preceding the leave, and work at a location where the employer has 50 or more employees in a 75-mile radius. The law provides 12 weeks of unpaid leave in a 12-month period for certain reasons, including:

• A serious health condition of the employee that prevents them from doing their job
• Caring for a spouse, child, or parent with a serious health condition
• The birth, adoption, or foster care placement of a child and caring for the child within one year of birth, adoption, or placement
• Certain situations involving the military service of a spouse, child, or parent

In addition, the FMLA allows eligible employees to take 26 weeks of unpaid leave in a 12-month period to care for a family member in the military who has a serious injury or illness.

In Illinois, as in most states, employees generally work under the "at-will" employment doctrine. This means that an employer can typically end the employment relationship at any time, for any reason or no reason at all, and employees are likewise free to leave their jobs at any time. However, there are several important exceptions to this rule.

For example, an employer may not fire an employee when this is prohibited by anti-discrimination laws. It is also illegal to fire someone in retaliation for bringing or assisting with a discrimination claim in good faith. In addition, a business can't fire an employee for refusing to commit illegal acts or for reporting an employer's unlawful conduct. Employees who expose breaches of securities laws, safety violations, or other illegal activities ("whistleblowers") may be shielded by statutes such as the Illinois Whistleblower Act. There's also a general public policy exception to at-will employment. An employer generally cannot fire you for exercising a legal right or fulfilling a legal duty, such as filing a workers' compensation claim or serving on a jury.

Some employment contracts have provisions stating that an employee can only be fired for certain reasons. If an employer fires them for a reason not allowed by the contract, the employee may have a breach of contract claim. In certain cases, statements in an employee handbook or promises made by management could form an implied contract that could be enforceable. These situations tend to be highly nuanced and complicated, so it's best to consult an attorney if you're considering this type of claim.

If you get injured or ill on the job in Chicago or the surrounding area, you likely can get workers' compensation benefits. These are available regardless of fault. Benefits may cover reasonably necessary medical care and vocational rehabilitation, as well as payments based on various levels of disabilities:

• Temporary total disability benefits while you're away from your job to recover from an injury
• Temporary partial disability benefits while you're working on light duty for lower wages as you recover
• Permanent partial disability benefits if you can still work, but you've sustained a permanent disability or disfigurement
• Permanent total disability benefits if you're permanently unable to work

Temporary total and permanent total disability benefits usually amount to two-thirds of the worker's average weekly wage, subject to minimum and maximum limits. You should report your injury to your employer as soon as possible, and generally within 45 days of an accident. You usually have three years after an injury to file a workers' compensation claim.

It's worth noting that you also might be able to bring a third-party lawsuit against someone other than your employer that may have been at fault for your injuries. This could allow you to receive more compensation than the benefits available through workers' comp. For example, workers' comp doesn't cover your pain and suffering, which could be recovered through a personal injury lawsuit. However, you would need to prove the fault of the defendant.

If you lost your job through no fault of your own, you may be eligible to get unemployment benefits through the state of Illinois. You must have received at least a certain amount of wages within a time period defined by state law, and you must be able to work, available for work, and actively looking for work. Even if you're eligible, there are certain reasons why you might be disqualified from receiving benefits, such as if you don't take a suitable job that was offered to you or if you're receiving unemployment benefits from another state or under a federal law.

Assuming that you're eligible and not disqualified, unemployment benefits will last for up to 26 weeks in a one-year period. The maximum weekly benefit amount for an individual is $605 as of 2025. This increases to $721 if you have a spouse and $827 if you have a child. You also may get some benefits for a week when you work less than full-time due to lack of work. Your wages for that week must be less than the weekly benefit amount that you would receive if you were totally unemployed.

The Illinois Department of Commerce & Economic Opportunity lists Fortune 500 companies that are headquartered in Illinois. These include many companies based in Chicago, such as:

• Archer Daniels Midland
• United Airlines Holdings
• Mondelez International
• Kraft Heinz
• McDonald's
• Exelon
• Jones Lang LaSalle
• GE HealthCare Technologies
• Kellanova
• LKQ
• Conagra Brands
• Northern Trust

Several cities in the area around Chicago also are home to Fortune 500 companies, such as W.W. Grainger and Packaging Corporation of America in Lake Forest, Allstate in Northbrook, Discover Financial Services in Riverwoods, and U.S. Foods Holding in Rosemont.

If you think that your employer might have violated your rights under Chicago, Illinois, or federal law, it's important to know where to go. These are the agencies responsible for administering various employment laws and responding to complaints about violations:

• Chicago wage law: Chicago Office of Labor Standards
• Illinois wage law: Illinois Department of Labor
• Federal wage law: Wage and Hour Division, U.S. Department of Labor
• Chicago employment discrimination law: Chicago Commission on Human Relations
• Illinois employment discrimination law: Illinois Department of Human Rights
• Federal employment discrimination laws: U.S. Equal Employment Opportunity Commission
• Chicago employee leave law: Chicago Office of Labor Standards
• Illinois Paid Leave for All Workers Act: Illinois Department of Labor
• Federal Family and Medical Leave Act: Wage and Hour Division, U.S. Department of Labor

Meanwhile, the Illinois Workers' Compensation Commission manages the workers' comp process, and the Illinois Department of Employment Security oversees the unemployment benefits system.

The Employment Law Center in the Justia Legal Guides is a free resource that describes many of the key protections in employment laws. This can help an employee get a general sense of their rights and what they need to do to assert them. Each person's situation is unique, though, and you may have a certain question that can't be answered by reading an overview. In this case, you may want to visit our Justia Ask A Lawyer platform. If you post the question there, Illinois employment lawyers may respond with useful insights. Please keep in mind that getting your question answered on Justia Ask A Lawyer doesn't create an attorney-client relationship with that attorney.

If you're looking for an attorney to advise or represent you, this page in the Justia Lawyer Directory can serve as a starting place. You can compare the many options in the Chicago area and reach out to attorneys who seem like they might be a good fit.

Any sort of conflict in the workplace can feel overwhelming. Your career, physical wellbeing, and emotional health all may be on the line. Although paying for an attorney might seem like an unnecessary expense, it usually turns out to be a good idea. Here are some areas in which a lawyer might help:

• Legal knowledge: Employment statutes and regulations at every level are intricate and ever-evolving. Attorneys stay current with changes by legislatures and agencies, as well as shifting interpretations by courts that may influence your case.
• Evidence gathering: Collecting files, emails, contracts, pay records, and witness statements isn't always easy. A lawyer saves you headaches by systematically handling this process and building a solid foundation for your legal claims.
• Negotiation: Like most other civil cases, employment lawsuits tend to end in settlements. Your lawyer will be familiar with this process and will prevent the other side from taking advantage of you. They'll make sure that you understand the ins and outs of any settlement offer that you get so that you can make an informed decision about whether to accept it.
• Trials/hearings: If your matter ends up in court or another formal setting, a lawyer probably can present your case with more sophistication and skill. They'll also keep track of any procedural nuances that may trip up ordinary people.

More generally, tackling legal challenges by yourself can take an emotional toll. An attorney's expertise lightens that load and helps you focus on your future. Their support equips you to handle the situation with greater confidence.

Choosing the right attorney can sometimes feel complicated. Although you may receive recommendations from people you know, it's likely that you'll end up searching online sooner or later. The Justia Lawyer Directory offers an efficient way to compare different attorneys, potentially streamlining your search.

Since employment law covers many scenarios and potential claims, look for a lawyer who handles cases that resemble yours. For example, if your boss kept propositioning you, you'll want someone with a successful background in sexual harassment claims. If you were denied overtime pay, it's best to find an attorney well-versed in wage and hour disputes.

It's also wise to check an attorney's disciplinary record on the Illinois State Bar Association website. A minor blemish might not be a deal-breaker, but multiple or serious breaches could be a major warning sign. Misconduct by your lawyer could hurt your case, so you can't afford to take chances.

Reviewing an attorney's achievements on their website will show whether they have a proven track record. Client reviews can reveal important details about reliability, communication style, and work ethic. Endorsements from other lawyers may also show respect within the legal community, which can be helpful in negotiations and courtroom settings.

Many employment lawyers provide an initial consultation at no charge. This meeting is your chance to discuss the basics of your situation and assess whether the lawyer feels right for you. Pay attention to how knowledgeable they seem and how your personality meshes with theirs. You want someone who truly cares about your case and treats you with respect, rather than seeing you as just another box that they need to check off.

1. Do I need to wait for my meal break to go to the restroom?

   No. Under Illinois law, you're entitled to reasonable restroom breaks during your shift in addition to your meal breaks.

2. Does discrimination need to be intentional?

   No. While many employment discrimination cases do allege intentional mistreatment of a particular employee, they also may have a claim if the employer has a policy or practice that seems neutral at face value but disproportionately affects people with their protected trait. This is called a disparate impact claim. Cases built on disparate impact theories tend to be complex, so it's especially helpful to consult a lawyer in these situations.

3. Can a man bring a sexual harassment claim?

   Yes. While the typical sexual harassment case involves a man harassing a woman, a man also may have a claim if they were harassed in their workplace by a woman or another man. Sexual harassment laws aren't limited by the gender of either party involved.

4. Does my employer need to explain why they fired me?

   Generally not. Your employer can fire you for any reason, other than those prohibited by law, unless you have an employment contract (or an "implied contract") that says otherwise. They don't need to have a persuasive explanation. However, if you think that your employer fired you for a discriminatory reason, and you can present enough evidence to back that up, your employer will need to provide a legitimate reason for why they fired you.

5. What will I need to pay my employment lawyer?

   There's a wide range of fee structures in this area of the profession. Employment lawyers often charge hourly fees. This means that you'll pay them according to how much time it takes to handle your matter. In other situations, an attorney might agree to take a case on a contingency fee. This means that they won't get paid unless they win, and then they'll get a percentage of the compensation that they recovered for you. For some simple matters, an attorney might charge a flat fee. This means that the cost will be fixed in advance, regardless of how long it takes or what the outcome is.