Restaurant Labor Laws

Illinois Restaurant Labor Laws (2026): Wages, Tips & Chicago Rules

State and Chicago minimum wage, tipped pay, ODRISA breaks, overtime, Fair Workweek, and minor rules for Illinois restaurant managers in 2026.

Last reviewed: June 2026

Illinois reached a $15 state minimum wage in 2025, but Chicago and parts of Cook County set higher rates that increase every July 1. The biggest 2026 development for restaurants is in Chicago: the city paused its plan to eliminate the tip credit, so the tipped wage did not jump the way earlier schedules predicted.

This guide covers Illinois’ 2026 wage figures at the state, Chicago, and Cook County levels, the tipped wage, the ODRISA break law, overtime, Chicago Fair Workweek, and minor rules. Confirm details with the Illinois Department of Labor and the City of Chicago before relying on them.

Illinois restaurant labor laws at a glance (June 2026)

Standard minimum wage$15.00/hr state ($17.05 Chicago from July 1, 2026)
Tipped minimum (cash) wage$9.00/hr state cash wage ($12.96 Chicago from July 1, 2026)
Tip creditPermitted — up to 40% of minimum wage (Chicago phaseout paused)
Overtime1.5× after 40 hours/week (no daily overtime)
Meal break (adults)20-min meal for shifts of 7.5+ hours; 24 hours rest per 7 days (ODRISA)
Minimum age to work14 (work permit required for ages 14–15)

Minimum wage for Illinois restaurant workers

Illinois’ state minimum wage is $15.00 per hour, reached on January 1, 2025 and unchanged for 2026 — the top of the scheduled increases, with no further statewide raise planned.

Chicago and Cook County are higher and rise every July 1. As of July 1, 2026, Chicago’s minimum wage is $17.05 per hour for employers with four or more employees. Cook County’s rate is $15.40, but more than 80% of municipalities have opted out (including Chicago), so it applies only in non-opt-out areas.

Illinois state
$15.00/hr
Chicago (from July 1, 2026)
$17.05/hr
Cook County (non-opt-out)
$15.40/hr

Tipped wages and the tip credit in Illinois

Illinois permits a tip credit of up to 40% of the minimum wage, putting the state tipped cash wage at $9.00 per hour; tips must bring the total to at least $15.00.

Chicago is the headline. The city had been phasing out its tip credit entirely, but on May 20, 2026 the City Council voted to pause the phaseout for two years. The tip credit stays at 24% of the minimum wage rather than dropping further, and full elimination is pushed out — to 2030 for larger employers and 2033 for smaller ones. As of July 1, 2026, the Chicago tipped wage is approximately $12.96 per hour; confirm the exact figure against the city’s official fact sheet.

Overtime rules in Illinois

Illinois follows the federal overtime standard: time-and-a-half for hours worked beyond 40 in a workweek. There is no state daily overtime.

For tipped employees, overtime is calculated on the full minimum wage rather than the lower tipped cash wage.

Meal and rest breaks in Illinois

Illinois’ One Day Rest in Seven Act (ODRISA) gives employees 24 consecutive hours of rest in every consecutive seven-day period, plus a 20-minute meal period for shifts of 7.5 hours or more, beginning no later than five hours into the shift. An additional 20-minute meal is required for each additional 4.5 continuous hours.

Amendments effective in March 2025 strengthened ODRISA with anti-retaliation protections and an enforcement mechanism. Minors receive a 30-minute meal after five consecutive hours.

Hiring minors at Illinois restaurants

Illinois’ Child Labor Law requires a work permit (employment certificate) for ages 14–15 before they start work, obtained from the local school district. The minimum age for most restaurant work is 14.

  • Under 16: no work before 7am or after 7pm (extended to 9pm June 1–Labor Day).
  • Under 16 (school in session): maximum 3 hours on a school day, 8 hours combined school-and-work per day, and 18 hours per week.
  • Under 16 (summer): maximum 40 hours per week.
  • Minors under 16 are prohibited from working where liquor is served for on-premises consumption.

Other rules Illinois restaurant managers should know

Chicago tip-credit phaseout paused

On May 20, 2026, the Chicago City Council voted to delay eliminating the tip credit by two years. The credit stays at 24% of the minimum wage through mid-2028 rather than stepping down further, and full elimination now runs to 2030 for larger employers and 2033 for smaller ones. Any source citing a 16% credit or a lower Chicago tipped wage for July 2026 is out of date.

Chicago Fair Workweek Ordinance

Chicago’s predictive-scheduling law covers restaurants with 250 or more employees and 30 or more locations globally. It requires schedules posted 14 days in advance and predictability pay for late changes. Amended rules effective June 1, 2026 require anticipated on-call shifts to be included in the advance schedule. Covered employees earn at or below a wage threshold that updates each July 1.

Stay compliant without the spreadsheet

Sideworks helps Illinois restaurant managers schedule staff within budget, track labor cost in real time, and keep opening and closing tasks on record — so wage, break, and overtime rules are easier to honor.

Illinois restaurant labor law FAQs

What is the Illinois minimum wage for restaurants in 2026?
The Illinois state minimum wage is $15.00 per hour in 2026. Chicago is higher at $17.05 from July 1, 2026, and Cook County (in non-opt-out areas) is $15.40. Chicago and Cook County adjust every July 1.
Did Chicago eliminate the tip credit?
Not anymore on the original timeline. On May 20, 2026, the City Council paused the phaseout for two years. The tip credit stays at 24% of the minimum wage, and full elimination is pushed to 2030 for larger employers and 2033 for smaller ones. The Chicago tipped wage is about $12.96 from July 1, 2026.
What breaks does Illinois require for restaurant staff?
Under ODRISA, employees get 24 consecutive hours of rest in each seven-day period and a 20-minute meal period for shifts of 7.5 hours or more, with an additional 20-minute meal for each further 4.5 continuous hours. Minors get a 30-minute meal after five consecutive hours.
Does Chicago have predictive scheduling for restaurants?
Yes, for large operators. The Chicago Fair Workweek Ordinance covers restaurants with 250+ employees and 30+ locations globally, requiring 14 days’ advance schedule notice and predictability pay. Amended rules from June 1, 2026 require anticipated on-call shifts in the advance schedule.
Do minors need a work permit in Illinois?
Yes for ages 14–15 — they need an employment certificate from the local school district before starting work. Minors under 16 cannot work where liquor is served for on-premises consumption and have strict hour limits during the school year.
Not legal advice. This guide is a general summary for Illinois restaurant operators and was last reviewed in June 2026. Wage rates, break rules, and minor-employment laws change frequently and can vary by city, county, and employer size. Always confirm current requirements with the official sources below or a qualified employment attorney before making payroll or scheduling decisions.