Illinois Overtime Laws (2026): One Day Rest in Seven, 40-Hour Rule, and Your Rights

Illinois in One Paragraph

Illinois follows the federal 40-hour week: once you pass 40 hours in a single workweek, every additional hour is paid at 1.5 times your regular rate. There is no daily overtime in Illinois, so a 12-hour Tuesday by itself does not trigger a premium. What makes Illinois different is the One Day Rest in Seven Act (ODRISA), which guarantees rest days and meal breaks, and a state minimum wage that sits well above the federal floor.

I have talked to enough Chicago warehouse and hospitality workers to know where the confusion lives: people assume long days mean overtime, and they miss the rest-day protections that actually apply to them.

2026 Numbers That Matter

| Item | Illinois (2026) | Federal |

| --- | --- | --- |

| Minimum wage | $15.00/hour | $7.25/hour |

| Tipped minimum cash wage | $9.00/hour | $2.13/hour |

| Overtime threshold | 40 hours/week | 40 hours/week |

| Overtime rate | 1.5x regular rate | 1.5x regular rate |

| Daily overtime | None | None |

Chicago and Cook County set their own higher minimums, and Chicago phased out the separate tipped wage. If you work inside city limits, check the city ordinance rate — it controls when it is higher.

Run your own numbers with the Illinois overtime pay calculator before you argue with a paystub.

The Illinois Minimum Wage Law, Not Just the FLSA

Illinois has its own wage statute, the Minimum Wage Law (820 ILCS 105). That matters for two practical reasons:

• . You can bring a state claim with a longer window and statutory damages, instead of relying only on the FLSA.
• . Illinois allows recovery of the unpaid amount plus damages and interest, which changes the math on whether a claim is worth filing.

One Day Rest in Seven Act (ODRISA)

ODRISA is the rule most Illinois employees have never heard of, and it was strengthened in recent years:

• Employees are entitled to at least 24 consecutive hours of rest in every consecutive seven-day period.
• Employees working 7.5 continuous hours or more get a 20-minute meal break, starting no later than 5 hours into the shift.
• Shifts longer than 7.5 hours earn an additional 20-minute break for every additional 4.5 hours.
• Penalties are assessed per employee, per offense, so violations add up fast for larger employers.

Rest days are not overtime, but a schedule that ignores ODRISA usually comes with off-the-clock work too. If your seventh day looks like a normal shift and your breaks keep vanishing, both problems are worth documenting.

Who Is Exempt in Illinois

Illinois broadly tracks the FLSA white-collar exemptions — executive, administrative, professional, outside sales, and computer employees — and applies the federal salary threshold. Being paid a salary alone never makes you exempt; the duties test has to be met too. Read Are Salaried Employees Entitled to Overtime? if your title sounds managerial but your day is mostly production work.

Common Illinois-specific traps:

• Assistant managers in retail and fast food who spend most of their hours on the register or the line.
• Salaried non-exempt office staff who assume salary equals no overtime. It does not — see Salaried Non-Exempt Overtime Pay.
• Delivery drivers who may be covered or exempt depending on vehicle weight. See the small vehicle exception.

Worked Example

Maya works in a Joliet distribution center at $19.50/hour and puts in 47 hours in one week.

• Regular pay: 40 x $19.50 = $780.00
• Overtime rate: $19.50 x 1.5 = $29.25
• Overtime pay: 7 x $29.25 = $204.75
• Gross for the week: $984.75

If she also earned a $100 non-discretionary production bonus that week, the bonus folds into the regular rate before overtime is computed. That is the step employers miss most often — walk through it in Do Bonuses Count Toward Overtime Pay?.

Filing a Wage Claim in Illinois

• . Gather your own records: schedules, punch reports, texts about shift changes, and every paystub you have.
• . Ask payroll in writing for a correction. Many cases end here.
• . File a claim with the Illinois Department of Labor wage claim division, or bring an FLSA claim with the U.S. Department of Labor's Wage and Hour Division.
• . Retaliation for asking is illegal. Keep dates and names.

Official sources: the Illinois Department of Labor and the U.S. DOL overtime page.

Related Illinois and Federal Guides

• Illinois Overtime Pay Calculator
• What Is a Workweek Under the FLSA?
• Meal and Rest Break Pay Rules
• How to Claim Unpaid Overtime
• Overtime Compliance in Plain Language

Frequently Asked Questions

Does Illinois have daily overtime after 8 hours?

No. Illinois pays overtime based on the workweek only. Hours over 40 in a workweek are paid at 1.5x, regardless of how long any single day was.

Is my employer required to give me a day off each week in Illinois?

Yes, in most cases. ODRISA requires 24 consecutive hours of rest in each consecutive seven-day period, with limited exemptions for certain roles and voluntary arrangements approved by IDOL.

What is the Illinois minimum wage in 2026?

The statewide minimum is $15.00 per hour. Chicago and Cook County set higher local rates, and the higher applicable rate governs.

Can salaried employees get overtime in Illinois?

Yes. Salary is a pay method, not an exemption. If your duties do not meet a recognized exemption test and you are under the federal salary threshold, you are owed overtime past 40 hours.

How far back can I claim unpaid overtime in Illinois?

Illinois wage claims generally reach back three years, and FLSA claims reach back two years, or three when the violation is willful. Do not wait — each week of delay drops the oldest week off the claim.