820 ILCS 105/2
The General Assembly finds that the existence in industries, trades or business, or branches thereof, including offices, mercantile establishments and all other places of employment in the State of Illinois covered by this Act, of conditions detrimental to the maintenance of the minimum standard of living necessary for the health, efficiency and general well-being of workers, leads to labor disputes, and places burdens on the State, and all other subordinate political bodies thereof, to assist and supply necessary moneys and goods to workers and their families to aid them to exist on a minimum budget for their needs, and thus places an unnecessary burden on the taxpayers of this State
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(820 ILCS 105/2)
(from Ch. 48, par. 1002)
Sec. 2.
The General Assembly finds that the existence in industries, trades or
business, or branches thereof, including offices, mercantile establishments
and all other places of employment in the State of Illinois covered by this
Act, of conditions detrimental to the maintenance of the minimum standard
of living necessary for the health, efficiency and general well-being of
workers, leads to labor disputes, and places burdens on the State, and all
other subordinate political bodies thereof, to assist and supply necessary
moneys and goods to workers and their families to aid them to exist on a
minimum budget for their needs, and thus places an unnecessary burden on
the taxpayers of this State. Therefore, it is the policy of this Act to
establish a minimum wage standard for workers at a level consistent with
their health, efficiency and general well-being; to safeguard such minimum
wage against the unfair competition of wage and hour standards which do not
provide such adequate standards of living; and to sustain purchasing power
and increase employment opportunities.
It is against public policy for an employer to pay to his employees an
amount less than that fixed by this Act. Payment of any amount less than
herein fixed is an unreasonable and oppressive wage, and less than
sufficient to meet the minimum cost of living necessary for health. Any
contract, agreement or understanding for or in relation to such
unreasonable and oppressive wage for any employment covered by this Act is
void.
(Source: P.A. 77-1451.)
Notes of Decisions
Cited in 14
cases (1 in the last 5 years), 1996–2026 · leading case: DeWig v. Landshire, Inc.
DeWig v. Landshire, Inc. (1996)
“See 820 ILCS 105/2 (West 1992). If the employees in my hypothetical would be subject to the outside salesman exemption, then employers would be able to claim the exemption for almost all occupations involving outside work through minor adjustments in their employees' job duties.”
Lewis v. Giordano's Enterprises, Inc. (2009)
“) 820 ILCS 105/2 (West 2004). Plaintiff also asserts that the Wage Payment Act “puts teeth” into that bar by stating: “In case of a dispute over wages, the employer shall pay, without condition and within the time set by this Act, all wages or parts thereof, conceded by him to…”
Kerbes v. Raceway Associates, LLC (2011)
“" 820 ILCS 105/2 (West 2010). As such, the Minimum Wage Law further provides that it is "against public policy for an employer to pay to his employees an amount less than that fixed by this Act.”
Kerbes v. Raceway Associates (2011)
“” 820 ILCS 105/2 (West 2010). As such, the Minimum Wage Law further provides that it is “against public policy for an employer to pay to his employees an amount less than that fixed by this Act.”
People Ex Rel. Dept. of Labor v. K. Reinke, Jr. and Co. (2001)
“” 820 ILCS 105/2 (West 1998). Section 2 further stated that those conditions imposed upon taxpayers the “unnecessary burden” to assist workers.”
People Ex Rel. Department of Labor v. MCC Home Health Care, Inc. (2003)
“While the legislature provided a general definition of the term “employee” as the protected class under the Act (820 ILCS 105/3(d) (West 2000)), the legislature also expressly granted the Director of the Department the power to “make and revise administrative regulations,…”
Mouloki v. Epee (2017)
“The remaining counts 'allege state claims for not paying minimum wage and overtime compensation (820 ILCS 105/2, 105/4) (Count V); failure to provide the lawful frequency of payments (820 ILCS 115/3-115/5, 115/14) (Count VI); conversion (Count VII); fraudulent misrepresentation…”
Resurrection Home Health Services v. Shannon (2013)
“” 820 ILCS 105/2 (West 2004). Thus, without any proof of sanctionable conduct, the court cannot limit the Department’s right to pursue claims on behalf of the employees.”
Behl v. Duffin (2010)
“2d 740, 751 (2009) (finding “releases signed by putative class members earning less than minimum wage *** are void as a matter of law”), and section 2 of the Minimum Wage Law (820 ILCS 105/2 (West 2008)) show certain statutory protections of employees may not be waived, neither…”
Johnson v. Amazon.com Services, LLC (2026)
“820 ILCS 105/2 (West 2020). In 1976, the General Assembly added section 4a to the Wage Law to provide a right of overtime compensation for Illinois employees.”
People ex rel . Dept. of Labor v. K. Reinke, Jr. & Co. (2001)
“" 820 ILCS 105/2 (West 1998). Section 2 further stated that those conditions imposed upon taxpayers the "unnecessary burden" to assist workers.”
Lewis v. Giordano's Enterprises, Inc. (2009)
“) 820 ILCS 105/2 (West 2004). Plaintiff also asserts that the Wage Payment Act “puts teeth” into that bar by stating: "In case of a dispute over wages, the employer shall pay, without condition and within the time set by this Act, all wages or parts thereof, conceded by him to…”
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