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Employment law

Employment law is a broad category of laws—statutes, case law (court opinions), rules, and regulations—that govern the relationship between an employer and an employee. Employment law includes state laws that only apply to employer-employee relationships in a given state, and federal laws that apply to employer-employee relationships in all states.

In Illinois, employment law encompasses a variety of state statutes and regulations that govern the relationship between employers and employees. These laws cover a wide range of topics including but not limited to minimum wage requirements, overtime pay, workplace safety, discrimination, and the right to organize and bargain collectively. Illinois has its own set of labor laws such as the Illinois Minimum Wage Law and the Illinois Human Rights Act, which provide protections that may exceed federal standards. For example, as of the knowledge cutoff in 2023, the state minimum wage in Illinois is higher than the federal minimum wage. Additionally, federal employment laws such as the Fair Labor Standards Act (FLSA), the Occupational Safety and Health Act (OSHA), the Americans with Disabilities Act (ADA), and the Family and Medical Leave Act (FMLA) apply to Illinois employers and employees, ensuring a baseline of protections across the state. Employers in Illinois must comply with both state and federal regulations, and when there is a conflict, the law that provides the greater protection to the employee generally prevails.

Legal Articles

State Statutes

age discrimination (ADEA)Americans with Disabilities Act (ADA)arbitration agreements at-will employment

background check breaks and meal periods breastfeeding laws

child labor citizenship / immigration status compensatory pay contractor or employee

disability discrimination disclosure of felony disparate impact / disparate treatment diversity initiatives docking pay drug testing

embezzlement employee benefits employee handbooks employee stock ownership plans (ESOP)employer as job reference Employment Authorization Document (EAD)employment eligibility verification (Form I-9)ERISA (Employee Retirement Income Security Act)executive employees

FICA taxes flexible work FLSA (Fair Labor Standards Act)FMLA (Family and Medical Leave Act)full-time employment

green card eligibility

H-1B specialty occupation visa H-2A agricultural visa hostile work environment human resources

independent contractors international students interns and students

job applications job interviews jury duty

labor union/employer rights & obligations labor unions

military members minimum wage

national origin discrimination NDAs (nondisclosure agreements)noncompete agreements

Occupational Safety and Health Act (OSH Act)Occupational Safety and Health Administration (OSHA)overtime pay

part-time employment payday laws payroll deductions payroll taxes pension plans personnel files pre-employment testing pregnancy discrimination prevailing wage principal and agent (agency law)privacy rights

race & color discrimination religious discrimination religious holidays & accommodations retaliation retirement benefits retirement plans — 401k plans right to work

school - to - work separation notices service charges and tips severance pay sex discrimination sexual harassment sexual orientation discrimination sick leave social media & employee privacy social security social security disability suspension without pay

termination of employment tipped employees trade secrets trainees & students

unemployment compensation taxes unemployment insurance unpaid volunteers

visa

W-4 form for new employees Wage and Hour Division wage garnishment WARN Act whistleblowers workers' compensation claims workers' compensation insurance workers' rights workplace investigations wrongful termination

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Illinois State Code