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Employee Classification: Illinois

Employee Classification requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Stuart R. Buttrick, Susan W. Kline, Stacey Smiricky and Tareen Zafrullah, Faegre Drinker Biddle & Reath LLP


  • Illinois' overtime and minimum wage exemptions are similar to those of the federal Fair Labor Standards Act (FLSA) in many respects. However, there are several differences that require special attention.
  • Several types of employees are exempt from both the minimum wage and the overtime requirements. See Minimum Wage and Overtime Exemptions.
  • Other employees are exempt only from Illinois' overtime requirements. Among them are executive, administrative and professional employees. The tests for such employees are similar to, but differ slightly from, the current federal exemptions. See Overtime-Only Exemptions.