Your pay rights in Illinois

Who is covered

Employers with 15 or more employees, counting all employees inside and outside Illinois, including part-time and seasonal workers. It covers specific job postings made or republished on or after Jan. 1, 2025, both internal and external, for jobs done at least partly in Illinois. It also covers jobs done elsewhere that report to a supervisor, office, or worksite in Illinois. Remote jobs are covered only if the employer knew or could reasonably foresee, when it posted the job, that the work would be done at least partly in Illinois or report to Illinois. When it is unclear where a job is performed, the Department of Labor's rules say it weighs how much of the work is done in Illinois, whether the Illinois work is isolated, temporary or transitory, and whether the out-of-state work is the same as the Illinois work. General 'Help Wanted' signs that name no specific job are not covered. Recruiters and job boards the employer engages must include the pay and benefits too. The salary history ban applies to all employers and employment agencies, with no size limit.

What a job posting must show

• The wage or salary, or the wage or salary range, the employer honestly expects to offer. The state says the range needs a clear bottom and top, not 'up to' or 'starting at… depending on experience.'
• A general description of other pay, such as bonuses, commissions, tips, or stock options
• A general description of benefits, such as health care, retirement, paid time off, and leave
• Posts may use one link to a public webpage with the pay and benefits for that specific job
• If the employer posts a job externally, it must tell its current employees about the opening within 14 days

Pay history

Employers may not ask about your past pay, require it, screen you based on it, or get it from your past employers. They may ask what pay you expect.

What you can do

• If you haven't seen a posting for the job, you can ask for the pay scale and benefits. The employer must tell you before any offer or talk about pay.
• Anyone who sees a posting without the required pay and benefits can file a complaint with the Illinois Department of Labor within one year. You may file anonymously.
• Employers may not refuse to interview, hire, or promote you, or retaliate against you, for using these rights
• For salary history violations, you can sue within 5 years for your damages, special damages up to $10,000, a court order, and attorney fees

Where to report a posting without pay

Illinois Department of Labor (IDOL)

For postings still active when the Department finds a violation: a first offense can be fined up to $500 if not fixed within 14 days. A second offense can be fined up to $2,500 if not fixed within 7 days. A third or later offense can be fined up to $10,000 with no time to fix it. After a third offense, penalties are automatic for 5 years. For postings no longer active: up to $250, then up to $2,500, then up to $10,000. The Department may waive fines. Salary history violations can bring a fine of up to $5,000 per violation for each employee affected, plus court damages.

Sources

• 820 ILCS 112/10: Prohibited acts
• 820 ILCS 112/5: Definitions
• 820 ILCS 112/15: Enforcement
• 820 ILCS 112/30: Violations; fines and penalties
• IDOL: Equal Pay Act Pay Transparency FAQ
• IDOL: Pay Transparency Complaint Form
• Public Act 101-0177 (salary history ban)
• 56 Ill. Adm. Code 320, Department of Labor rules, as amended effective June 18, 2026 (Joint Committee on Administrative Rules)

The posting rule comes from P.A. 103-539, effective Jan. 1, 2025. It gives job seekers no right to sue over posting violations; enforcement is through Department of Labor complaints. The Department's rules (56 Ill. Adm. Code 320) were amended effective June 18, 2026 (50 Ill. Reg. 8918): they define 'job posting', set the jurisdiction test described above, and require employers to keep a record of the pay scale and benefits in each job posting, and of promotion notices sent to current employees, for at least 5 years. Under a Department policy effective Jan. 1, 2026, an anonymous complaint is treated as a report that the Department may investigate; if no other report or complaint has been filed against that employer, it is held until a second one is. The Department's usual first step is a letter offering the employer an informal way to fix the problem, and those matters are typically closed without a finding on whether the law was broken.