Illinois Minimum Wage and Overtime Exemptions



Executive exemption

Illinois exempts executive employees from its overtime requirements. To qualify for the executive employee exemption, an employee must meet the requirements established under the federal Fair Labor Standards Act and its related regulation as existed on March 30, 2003. IL Statute 820-105/4a(2)(E)


Administrative exemption

Illinois exempts administrative employees from its overtime requirements. To qualify for the administrative employee exemption, an employee must meet the requirements established under the federal Fair Labor Standards Act and its related regulation as existed on March 30, 2003. IL Statute 820-105/4a(2)(E)



Professional exemption

Illinois exempts professional employees from its overtime requirements. To qualify for the professional employee exemption, an employee must meet the requirements established under the federal Fair Labor Standards Act and its related regulation as existed on March 30, 2003. Professional employees include radio and television announcers, news editors, and chief engineers. IL Statute 820-105/4a(2)(E)


Outside salesman exemption

Illinois exempts outside salesmen from its minimum wage and overtime requirements. IL Statute 820-105/3(d)(4) An outside salesman is an individual who regularly makes sales or obtains orders or contracts for services and who perform a major portion of these duties away from the employer’s place of business. IL Statute 820-105/3(g)


Computer employee exemption

Illinois law does exempt computer systems analysts, computer programmers, software engineers, or other similarly skilled workers from its minimum wage or overtime requirements.


Other minimum wage and overtime exemptions

Illinois exempts the following individuals from its minimum wage and overtime requirements:

  • individuals working for employers with less than four employees, not including the parents, spouse, children, or other member of the employer’s immediate family
  • individuals working in agriculture or aquaculture:
    • if the individuals work for an employer who did not, during any calendar quarter during the preceding calendar year, use more than 500 man-days of agricultural or aquacultural work;
    • if the individuals are the parents, spouses, children, or other members of the employers’ immediate families;
    • if the individuals:
      • are over the age of 16, and;
        • are hand harvest laborers and paid a wage based on piece-rate in an operation which has been, and is customarily and generally recognized as having been, paid based on piece-rate in the region of employment, and
        • travel daily from their permanent residence to the farm on which they are also employed, and
        • has been working in agriculture or aquaculture for less than 13 weeks during the preceding calendar year; or
      • are younger than age 16 and:
        • are harvest laborers and paid a wage based on piece-rate in a field which has been, and is customarily and generally recognized as having been, paid based on piece-rate in the region of employment, and
        • are employed on the same farm as their parents or guardians, and
        • receive pay at the same piece-rate basis as the other employees over 16 years of age on the same farm;
  • individuals working in domestic services in or about a private home;
  • individuals working for religious organizations;
  • students working for an accredited Illinois college or university which they are attending as covered under the Fair Labor Standards Act;
  • individuals working for motor carriers subject to regulation by the US Secretary of Transportation regarding employee classifications and maximum hours of service.

IL Statute 820-105/3(d)


Overtime only exemptions

Illinois exempts the following individuals from its overtime requirements:

  • salesmen and mechanics who primarily sell or service automobiles, trucks, or farm implements, so long as they work for nonmanufacturing establishments primarily engaged in the business of selling the vehicles to the ultimate purchasers;
  • salesmen and mechanics who primarily sell trailers, boats, or aircraft, so long as they work for nonmanufacturing establishments primarily engaged in the business of selling the items to ultimate purchasers;
  • individuals performing agricultural work;
  • individuals working from governmental bodies that are excluded from the definition of “employee” under the federal Fair Labor Standards Act;
  • individuals working as commissioned employees as described in the federal Fair Labor Standards Act, Section 7(i), and its related rules and regulations;
  • individuals working in the stead of another employee pursuant to a worktime exchange agreement between employees;
  • individuals working for a not-for-profit educational or residential child care institution who:
    • are directly involved on a daily basis in educating or caring for children who
      • are orphans, foster children, abused, neglected, abandoned children, or otherwise homeless children, and
      • reside at the residential facilities of the institution;
      • are compensated at an annual rate of not less than $13,000, or $10,000 if the employee resides at facilities and receives board and lodging without cost;
  • individuals working as crew members of uninspected towing vessels, defined in Title 46, Section 2101(40) of the US Code, operating in any navigable waters in or along the boundaries of Illinois.

IL Statute 820-105/3(d)