Does a employment contract overrule Illinois Labor laws?

UPDATED: Oct 1, 2022

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Does a employment contract overrule Illinois Labor laws?

My husband coaches a middle school basketball team October 15 – December 14th. He is not a teacher and does not work for the school otherwise. This year in order to be a coach he had to sign an agreement and accept payment for this work in 8 installments beginning December 1 – March 31st. So he has earned his wages by December 14th but isn’t fully paid for it until March 31st. Since he had to sign a contract, does that contract overrule labor laws for timely payment?

Asked on November 3, 2017 under Employment Labor Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If he is considered an employee, it would not be legal: employees cannot waive their rights under the labor laws, and a contract which violates the law is void for illegality. So if he is paid on a W-2 basis, this is not legal. However, contractors lack the protections of employees, so if he is an independent contractor (paid on a 1099 basis), he could contract to delayed payment.

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