On January 1, 2025, the Illinois minimum wage increased to $15 per hour and $9 per hour for tipped workers. Here’s everything you need to know.
In this Article:
- Illinois Minimum Wage Law
- Chicago Minimum Wage Ordinance
- Can I be fired for asking about the minimum wage increase?
- Steps to Take if Your Employer Refuses to Pay Minimum Wage
Illinois Minimum Wage Law
Illinois workers aged 18 and older can expect an increase in minimum wage from $14.00 to $15.00 and from $8.40 to $9.00 for tipped employees. Tipped employees still must make at least $15.00/hr but their employer can count part of their tips to meet this number, also called “tip credit”.
Additionally, youth workers under the age of 18 who work fewer than 650 hours per year will see a minimum wage increase from $12.00 to $13.00.
The most recent increase in minimum wage completes a six-year transition period that the state approved in 2019 in the Illinois Minimum Wage Law (820 ILCS 105/1). While there are a few exceptions, most employers who have more than one employee are covered under this law and must pay their workers accordingly.
The minimum wage for Illinois covers the entire state but some counties may have their own minimum wage laws. For example, the Cook County Minimum Wage Ordinance covers workers who work in Cook County (excluding Chicago).
Chicago Minimum Wage Ordinance
Chicago workers should have seen a minimum wage increase to $16.20 per hour and $11.02 per hour for tipped workers on July 1, 2024. The minimum wage for covered employees under the age of 18 also increased to $15.00 per hour.
Another important change outlined in Chicago’s Minimum Wage Ordinance is the phasing out of tip credit. Starting July 1, 2024, the tip credit in Chicago was reduced from 40% to 32% of the minimum wage rate. This means that an employer can only count tips toward 32% of the minimum wage rate ($16.20), which is why the tipped minimum wage is $11.02 (32% less than $16.20).
If you are a tipped worker and your minimum wage plus tips does not equal the full minimum wage, your employer must make up the difference.
Tip credit is set to decrease gradually until the minimum wage for tipped workers is the same as the full minimum wage rate.
Can I be fired for asking about the minimum wage increase?
You cannot be fired for asking about minimum wage. If your employer fires you or threatens to fire you or takes any other adverse action due to you asking about minimum wage, this would be considered retaliation which is illegal.
Employers are required to post notices informing employees of the new minimum wage rate. As an employee, you have every right to exercise your rights without fear of retaliation.
No. It is illegal for your employer to fire or retaliate against you in any way for asking about minimum wages.
Steps to Take if Your Employer Refuses to Pay Minimum Wage.
Minimum wage noncompliance is considered wage theft in the state of Illinois, a serious offense. Nearly $400 million in wages are stolen from Chicagoland workers by employers every year. I
f your employer has refused to pay minimum wage or overtime and/or failed to notify employees of a recent minimum wage increase, there are steps you can take to hold them accountable.
1. Gather Evidence
Use written communication to contact your employer regarding your wage concerns as often as you can. Keep detailed records of any correspondence and hang on to any pay stubs you may have. Also, consider talking to your coworkers in case they are experiencing similar issues.
2. File a Complaint
You can file a complaint for minimum wage violations with the Illinois Department of Labor by completing a form online. You may print the complaint and send it via email, mail, or fax, but these methods may cause delays. Chicago workers can also file a complaint with the Chicago Office of Labor Standards by calling 311 or using the CHI 311 mobile application. You may also download the wage complaint form and send it to the Office of Labor Standards via mail or email.
3. Contact a Wage Theft Lawyer
Finally, a wage theft lawyer would have the skills and expertise to help you navigate a wage theft lawsuit should you choose to take civil action against your employer.
Sometimes, this is the only way to hold employers accountable for stealing from their own employees. Our team at Disparti Law Group is committed to standing up for all workers in and around Chicagoland.
If your employer refuses to pay you overtime or minimum wage according to state, county, or city laws, you may be owed back pay for lost wages and other possible damages. For a FREE case review, contact us today at (312) 600-6000 and find out why thousands say… LARRY WINS!