An Illinois employment contract outlines essential details such as hours of work, rate of pay, employee responsibilities, and what should happen in the event of a dispute about the terms of employment.
For a contract to be valid in Illinois, it must establish an offer, acceptance, consideration, mutual assent, and an intent to be bound [1] .
- Laws: Illinois Compiled Statutes Chapter 820.
- Definition of Employee: 820 ILCS 105/3: With some exceptions, an employee “includes any individual permitted to work by an employer in an occupation.”
By Type (4)
Independent Contractor Agreement
Establishes the terms of employment between the contractor and the client.
Subcontractor Agreement
Outlines the terms and conditions of an agreement between a contractor and a subcontractor.
Employee Non-Compete Agreement
Protects a business’s interests by preventing employees from working for competitors.
Employee Non-Disclosure Agreement
Safeguards against unauthorized sharing of sensitive information.
Hiring in Illinois
If you’re hiring employees in Illinois, there are several labor laws and regulations that you should know.
At-Will Employment
Illinois is an at-will employment state. There are also exceptions to the at-will employment rules.
Exceptions
- Public Policy: Yes
- Implied-Contract: Yes
- Good-Faith Exception: No
Minimum Wage ($/hr)
Basic Minimum Rate (per hour): $13.00 [2] .
Premium Pay After Designated Hours: Weekly – 40.
Child Labor
In Illinois, for minors under 16, employment certificates are required and can be obtained through the minor’s school.
Age certification is not required in Illinois, but an age certificate is required by law to be provided on request for minors 16 to 20 [3] .
Payday
Illinois requires employers to pay employees on a semi-monthly basis. There are monthly payday requirements for executives, administrative, and professional employees.
Meal and Rest Breaks
Illinois requires employers to give hotel room attendants (employees who clean or put guest rooms in order in a hotel or other establishment licensed for transient occupancy) a minimum of two 15-minute paid rest break periods in each workday in which they work at least seven hours.
Illinois also requires minimum meal breaks of at least 20 minutes, no later than five hours after the start of the work period, for employees who work seven and a half continuous hours or more.
Hotel room attendants shall receive one 30-minute meal period in each work day that they work at least seven hours (only to an establishment located in a county with a population greater than three million) and must not work during the break period. Clean drinking water must be provided without charge, and the employee’s break area must have adequate seating and tables in a clean and comfortable environment.
Recordkeeping Requirements
Illinois employers are required to keep employment records for at least three years [4] on:
- Wages, hours, payroll
- Child labor
- Safety & health/workers’ compensation (10 years)
Sample
Download an Illinois employment contract template below in PDF or Word format:
