Illinois Minimum Wage Preemption Law: Statewide Employment Preemption Rules (2026)

Key Facts

State Minimum: $15.00 (2025)
Statute: 820 ILCS 105
Local Higher Wages: Allowed
Regulator: Illinois Dept of Labor

Full Breakdown

The Illinois Minimum Wage Law (820 ILCS 105) raised the state minimum to $15 per hour effective January 1, 2025, with a tipped credit and youth subminimum. Section 105/4 expressly does not preempt local minimum wage ordinances. Chicago's Minimum Wage and Paid Sick Leave Ordinance and Cook County's Minimum Wage Ordinance set higher rates within those jurisdictions. Wage theft is enforceable under the Wage Payment and Collection Act (820 ILCS 115). Non-home-rule municipalities are limited to state floor rates absent specific authority.

Violations & Penalties

Employers underpaying wages owe damages of triple the underpayment plus 5 percent monthly interest, attorney fees, and Department of Labor administrative penalties.

Frequently Asked Questions

What is Illinois's current minimum wage?

The Illinois minimum wage rose to $15.00 per hour on January 1, 2025, under the Minimum Wage Law. Chicago and Cook County require higher rates for covered employers within those jurisdictions.

Can Illinois cities set their own minimum wage?

Home rule municipalities may set higher minimum wages, and the Minimum Wage Law does not preempt them. Non-home-rule cities generally must follow the state rate unless specifically authorized.

Illinois Minimum Wage Law Permits Higher Local Rates