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A 15-year-old in Peoria gets hired to bus tables at a diner near the riverfront. Before the first shift, Illinois law says two things have to be true: the teen needs an employment certificate from school, and the shifts have to fit inside the state's hour limits. A 17-year-old in Naperville doing the same job faces neither rule. The dividing line in Illinois is age 16.
The employment certificate: who needs one and where it comes from
The Illinois Child Labor Law covers workers under 16. Anyone that age needs an 'employment certificate' (Illinois's name for a work permit) before starting, unless the job is on a short list of exempt work such as babysitting, household chores, or delivering newspapers. The Illinois Department of Labor says the certificate confirms three things: the minor is old enough for the job, is physically able to do it, and the work will not interfere with school.
You get the certificate from your own school or school district office, not from the state. The employer fills in part of the form and the school issues it. A student who lives out of state but works in Illinois goes through the Illinois State Board of Education instead, by email at workpermit@isbe.net.
Once you turn 16, Illinois does not require a certificate.
Hours: the 3-hour school day and the 7 p.m. stop
For workers under 16, Illinois sets these limits: no more than 3 hours on a school day, no more than 8 hours of school and work combined in one day, no more than 18 hours in a school week, no more than 40 hours in a non-school week, and no more than 6 days in a week. Work is not allowed before 7 a.m. or after 7 p.m. From June 1 through Labor Day the evening stop moves to 9 p.m.
The federal Fair Labor Standards Act sets its own limits for 14- and 15-year-olds, and Illinois employers must follow both sets of rules. When a state rule is looser than the federal one, the employer still has to follow the federal rule; the Illinois Department of Labor says so directly on its child labor page.
At 16 and 17, the Illinois Child Labor Law no longer limits your hours. What still applies at that age is the federal list of hazardous jobs, which the U.S. Department of Labor publishes on its YouthRules site.
Pay: $15 for adults, $13 for many teens
The Illinois minimum wage is $15.00 an hour for workers 18 and older. Workers under 18 who put in fewer than 650 hours in a calendar year can be paid a youth rate of $13.00 an hour. Both numbers are above the federal minimum wage, and when state and federal rates differ, the higher one is the one you must be paid.
The reason a state can set these rules at all goes back to United States v. Darby (1941), in which the U.S. Supreme Court upheld the federal Fair Labor Standards Act, including its child labor limits, and overruled its own earlier decision in Hammer v. Dagenhart (1918). Since Darby, the federal law is the floor and states like Illinois are free to add protections on top.
Where to check and who to call
The agency that enforces these rules is the Illinois Department of Labor. Its child labor line is (312) 793-5570, and it takes complaints through an online Child Labor Complaint Form on its website. A teen, a parent, or a teacher can file. You do not need a lawyer.
Before you sign up for shifts, do two things. First, if you are under 16, ask the school office for the employment certificate form and bring it to the employer; no certificate means the job cannot legally start. Second, write down your school hours and compare them with the schedule you are offered, using the 3-hour and 7 p.m. rules above. If a manager asks a 15-year-old to close at 10 p.m. in October, that is not allowed, and the Department of Labor's FAQ page is the place to point to.
À retenir
- In Illinois, anyone under 16 needs an employment certificate from their school before starting a job; at 16 the requirement ends.
- Under 16: 3 hours on a school day, 18 hours in a school week, 40 in a non-school week, and no work after 7 p.m. (9 p.m. in summer).
- The Illinois minimum wage is $15.00; workers under 18 with fewer than 650 hours in a year can be paid $13.00.
- The Illinois Department of Labor takes child labor complaints online and at (312) 793-5570; a teen or parent can file without a lawyer.
Sources
- Illinois Department of Labor: Child Labor Law (s'ouvre dans un nouvel onglet)
- Illinois Department of Labor: Child Labor FAQ (s'ouvre dans un nouvel onglet)
- Illinois Department of Labor: Minimum Wage Law (s'ouvre dans un nouvel onglet)
- Legal Information Institute (Cornell): United States v. Darby, 312 U.S. 100 (1941) (s'ouvre dans un nouvel onglet)
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