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What are the legal requirements for hiring employees in Illinois?

In Illinois, employers must comply with several legal requirements when hiring employees. These are outlined below:

  1. Anti-Discrimination Laws: Employers are prohibited from discriminating against job applicants on the basis of race, color, religion, national origin, sex, age, or disability. This applies to all aspects of employment, including hiring, promotion, and termination.
  2. State and Federal Labor Laws: Employers must comply with several state and federal labor laws, including but not limited to, minimum wage regulations, overtime pay requirements, and child labor laws.
  3. Background Checks: Employers may conduct background checks on job applicants, but they must comply with state and federal laws related to these checks. For example, Illinois law prohibits employers from inquiring about an applicant's criminal history until after the applicant has been selected for an interview or given a conditional job offer.
  4. Employee Eligibility Verification: Employers must verify the employment eligibility of all new hires by completing and retaining Form I-9, Employment Eligibility Verification, which is a federal requirement.
  5. Payroll Taxes: Employers must withhold state and federal payroll taxes from employees' wages and remit these taxes to the appropriate authorities.
  6. Workers' Compensation: Employers are required to carry workers' compensation insurance to cover medical expenses and lost wages for employees who are injured on the job.
  7. Unemployment Insurance: Employers are required to contribute to Illinois' unemployment insurance program and must provide information to the state about new hires.

In regards to exceptions or limitations, it is important to note that some of these requirements may not apply to certain types of employment, such as independent contractors or temporary workers. Additionally, there may be certain exceptions and exemptions to specific labor laws, such as exemptions for employees in certain industries or those who earn above a certain salary threshold.

Employers who are unsure about their legal obligations when hiring employees should seek the advice of an experienced employment lawyer.