Illinois Overtime Calculator: Overtime Pay & Take-Home Pay

Illinois overtime pay rights and wage standards operate under a dual state and federal framework: the Illinois Minimum Wage Law (820 ILCS 105/1 et seq.) and the federal Fair Labor Standards Act (FLSA, 29 U.S.C. § 207). Both statutes protect non-exempt employees by guaranteeing overtime compensation. Below is the complete statutory breakdown of how overtime works in Illinois, state tax withholding, and labor standards enforced by the Illinois Department of Labor (IDOL).

1. The Overtime Rule: 820 ILCS 105/4a (Illinois Minimum Wage Law)

Under Section 4a of the Illinois Minimum Wage Law (820 ILCS 105/4a), no employer shall employ any employee for a workweek longer than 40 hours unless the employee receives compensation for employment in excess of 40 hours at a rate not less than 1.5× the regular rate at which they are employed.

How does overtime work in Illinois? Illinois enforces a weekly test only. Many employees ask: is overtime after 8 hours or 40 hours in illinois? The answer is strictly 40 hours a week. Illinois law has no daily overtime rule, meaning that an employee who works a 10-hour or 12-hour shift does not trigger statutory overtime unless their total hours across the 7-day payroll workweek exceed 40. Furthermore, Illinois law does not require premium pay for work performed on Saturdays, Sundays, or legal holidays unless those hours push the weekly total past 40.

How is overtime calculated in Illinois? The statutory illinois overtime pay rate is one and one-half times (1.5×) your true regular rate of pay. Non-discretionary bonuses, shift differentials, and commissions must be incorporated into your regular rate before calculating the overtime multiplier.

2. Illinois Minimum Wage: $15.00/hr Since January 1, 2025 (820 ILCS 105/4(a)(1))

Under 820 ILCS 105/4(a)(1), the Illinois state minimum wage is $15.00 per hour, effective since January 1, 2025. This represented the scheduled culmination of Public Act 101-0001, and the rate remains steady at $15.00/hr for illinois overtime laws 2026. Consequently, the statutory minimum overtime floor in Illinois is $22.50 per hour ($15.00 × 1.5).

• Under-18 Workers: Under 820 ILCS 105/4(a)(1), youth employees under 18 years old who work fewer than 650 hours in a calendar year may be paid a youth minimum wage of $13.00 per hour.
• Tipped Employees: Under 820 ILCS 105/4(c), employers may take a tip credit of at most 40% of the statutory minimum wage ($6.00/hr credit), meaning tipped employees must receive a direct cash wage of at least $9.00 per hour statewide. If direct cash wages plus tips do not equal at least $15.00/hr, the employer must pay the difference.

3. Local Minimums Are Higher: Chicago ($17.05/hr) and Cook County ($15.40/hr)

Illinois law permits home-rule municipalities and counties to enact higher local minimum wages:

• City of Chicago: Under the Chicago Minimum Wage Ordinance, the base minimum wage rises to $17.05 per hour effective July 1, 2026 for employers with 4 or more employees (the tipped worker cash wage increases to $12.96 per hour).
• Cook County: Under the Cook County Minimum Wage Ordinance, the suburban county wage adjusts to $15.40 per hour effective July 1, 2026.

The calculator above defaults to the state minimum rate of $15.00/hr. If you perform work physically inside Chicago or Cook County, your employer must pay you at least the applicable municipal rate, with overtime calculated at 1.5× that higher rate ($25.58/hr in Chicago).

4. Salaried Employees: Illinois Follows the FLSA Exemptions

Under illinois overtime laws salaried employees are not automatically exempt from overtime pay simply because they receive a fixed salary. Illinois Minimum Wage Law Section 4a(2)(E) (820 ILCS 105/4a(2)(E)) directly tracks the federal FLSA exemption levels under 29 C.F.R. Part 541:

• Salary Level Test: The employee must receive a predetermined, guaranteed salary of at least $684.00 per week ($35,568.00 annually). Illinois does not establish a separate, higher state salary threshold.
• Duties Tests: The employee's primary job duties must satisfy the specific legal criteria for an Executive, Administrative, or Professional exemption.

A salaried employee who earns less than $684 per week, or whose primary daily responsibilities fail the duties tests, is classified as non-exempt. If a non-exempt salaried employee works over 40 hours in a workweek, they are owed 1.5× overtime pay, with their regular rate calculated by dividing their weekly salary by the number of hours the salary is intended to compensate.

5. One Day Rest in Seven Act (820 ILCS 140 / ODRISA)

Illinois provides distinctive statutory rest requirements under the One Day Rest in Seven Act (820 ILCS 140). Non-exempt employees are legally entitled to at least 24 consecutive hours of rest in every consecutive seven-day calendar period. Employers who schedule employees for seven consecutive days without an IDOL permit violate state law.

ODRISA also mandates dedicated meal breaks: employees who work 7.5 continuous hours must be permitted a duty-free meal break of at least 20 minutes, starting no later than 5 hours after the beginning of the shift. If the employee works beyond 7.5 hours, an additional 20-minute meal break is required for every subsequent 4.5 hours worked.

6. Paid Leave for All Workers Act (820 ILCS 192)

Under the Paid Leave for All Workers Act (820 ILCS 192), all Illinois employees earn at least 40 hours of paid leave per 12-month benefit period. Paid leave accrues at the rate of 1 hour of paid leave for every 40 hours worked. Employees may use this paid leave for any reason without providing documentation or advance justification to their employer.

7. Illinois Taxes Overtime Like Any Other Wage: The Flat 4.95% State Tax

Under Illinois Department of Revenue (IDOR) regulations, Illinois levies a flat 4.95% individual income tax on all wages earned by Illinois residents or non-residents working in Illinois. Overtime pay is taxed as ordinary income at the exact same flat 4.95% rate as straight-time base wages.

When utilizing an illinois overtime tax calculator, state tax is calculated after applying your Illinois personal exemption allowances from Form IL-W-4 (valued at $2,925 per allowance for 2026: $2,925 for Single or Head of Household filers, and $5,850 for Married Filing Jointly filers).

Does Illinois have no tax on overtime pay? Workers often ask whether illinois no tax on overtime pay provisions exist. Under current state law, Illinois offers no state income tax exemption for overtime wages. The federal One Big Beautiful Bill Act (OBBBA § 225) created a below-the-line federal tax deduction claimed on Schedule 1-A for the qualified 0.5× overtime premium slice for tax years 2025 through 2028. However, this is a federal-only deduction claimed on federal Form 1040 (which you can estimate using our no tax on overtime calculator). Because Illinois taxable income begins with federal Adjusted Gross Income (AGI) and does not conform to below-AGI or post-AGI overtime exemptions, the federal deduction does not reduce your Illinois state income tax liability. An illinois overtime paycheck calculator or illinois ot calculator must withhold the full 4.95% on all overtime earnings. Wondering why withholding seems higher when you pick up extra hours? Read our guide on how overtime tax really works.

8. Unpaid Overtime Claims & Legal Recourse

If your employer fails or refuses to pay earned overtime compensation, you have two primary legal options under Illinois law:

• IDOL Wage Claim: File an administrative wage claim with the Illinois Department of Labor (IDOL) online at labor.illinois.gov ↗. IDOL can investigate wage violations, conduct administrative hearings, and order employers to pay back wages plus statutory penalties.
• Private Court Action: Non-exempt employees may file a civil lawsuit in Illinois state or federal court under the Illinois Minimum Wage Law and FLSA. Under 820 ILCS 105/12, employers who underpay overtime are liable for back overtime wages plus punitive damages of 5% per month for each month the wage payment was unpaid, plus reasonable attorney's fees.
• Statute of Limitations: Claims under the Illinois Minimum Wage Law must be filed within 3 years from the date the unpaid overtime was earned. Do not delay in asserting your statutory wage rights.