Illinois - Workers’ Rights

Definition of agricultural worker under state law:

The state’s minimum wage law adopts the federal Fair Labor Standards Act (FLSA) definition of “agriculture” with some additional clarifications. (56 Il. Adm. Code 210.110)

• For purposes of the state’s field sanitation law, “[t]he terms ‘agricultural worker’ and ‘worker’ mean any individual who is engaged in employment involving the harvesting, planting or cultivating of food or nursery products by manual labor.” (210 ILL. COMP. STAT. ANN. 105/2)

Wages and Overtime

Minimum Wage

• Illinois has a state minimum wage law. (820 ILCS 105/1)
• There are multiple wage rates for different occupations such as tipped workers.  
• Effective Jan. 1, 2023, to Dec. 31, 2023, the state’s hourly minimum wage is $13.  (820 ILCS 105/4)
• The minimum wage rate will change within next two years for employees who are at least 18 years old (820 ILCS 105/4):  
• January 1, 2024- $14.00
• January 1, 2025 – $15.00
• Agricultural workers are covered by the state minimum wage, but with some exceptions.  (820 ILCS 105/3(d)(2) and 56 Il. Adm. Code 210.110)

Overtime

• Illinois has a state law regarding overtime pay. (IL ST CH 820 § 105/4a, 56 ILL. ADM. CODE 210.440)
• Agricultural workers are excluded from the state overtime law. The overtime provision does not apply to any employer of agricultural labor with respect to agricultural employment. (IL ST CH 820 § 105/4a(2)(c))

State Enforcement Agency

Illinois Department of Labor

Website: https://www2.illinois.gov/idol/Pages/default.aspx
Relevant Forms: https://www2.illinois.gov/idol/FAQs/Pages/How-To-File-A-Claim.aspx

Occupational Safety and Health

Workers’ Compensation

• Agricultural workers are covered by the state workers’ compensation law, but with some exceptions. Illinois state law does not require workers’ compensation coverage for employers who employed less than 400 working days of agricultural labor per quarter during previous calendar year. (820 ILCS 305/3(19)) 

State Enforcement Agency:
Illinois Workers’ Compensation Commission

Website: https://www2.illinois.gov/sites/iwcc/Pages/default.aspx
Relevant Forms: https://www2.illinois.gov/sites/iwcc/resources/Pages/forms.aspx

Field Sanitation

• Illinois has a state law regarding field sanitation (210 Ill. Comp. Stat. §§ 105/1 – 105/13).

State Enforcement Agency:
Department of Health

Website: http://www.dph.illinois.gov/

Pesticide Safety

• Illinois has a state law regarding pesticide safety in agriculture. (Illinois Pesticide Act: 415 ILCS 60/1 et seq.)
• Suspected pesticide poisoning is not a reportable illness for health care providers.

State Enforcement Agency:
Illinois Department of Agriculture, Bureau of Environmental Programs

Website: https://www2.illinois.gov/sites/agr/Pesticides/Documents/pesticidemisusecomplaintform.pdf

Right to Join Unions and Collective Bargaining in Agriculture

• There is no provision (or judicial interpretation of a provision) in the state constitution that grants farmworkers the right to join and organize labor unions free from retaliation or to engage in collective bargaining with their employers.
• There is no state statute that grants agricultural workers the right to join and organize labor unions free from retaliation (such as being fired, demoted or disciplined) or to engage in collective bargaining with agricultural employers.

State Legal Services Organizations

Legal Aid Chicago – Immigrants and Workers’ Rights Practice Group
https://www.legalaidchicago.org/ 

Farmworker & Landscaper Advocacy Project
http://www.flapillinois.org/