Dealing With Unpaid Wages in Illinois
My employer hasn't paid me — here's what Illinois law says and what to do next.
Statute: 820 ILCS 115/5
Deadline: 13 days
Penalty: Employer may be liable for a penalty of 2% of the unpaid wages for each month wages remain unpaid, plus costs and reasonable attorney fees
What is dealing with unpaid wages?
The federal minimum wage is $7.25 per hour. Your employer must pay you at least this amount for every hour you work. Many states and cities have higher minimum wages — you're entitled to whichever is higher.
Tipped employees have a lower federal minimum ($2.13/hr), but your tips plus wages must equal at least $7.25/hr. If they don't, your employer must make up the difference.
What to Do If Your Employer Pays Below Minimum Wage
Step 1: Know your rate. Check your state and city minimum wage — it's often higher than the $7.25 federal rate.
Step 2: Calculate your actual hourly pay. Divide your total weekly pay by total hours worked. If it's below the minimum, you have a claim.
Step 3: Document everything. Save pay stubs, schedules, and any records of hours worked.
Step 4: File a complaint. Contact the DOL Wage and Hour Division or your state's labor department. Many employment attorneys handle wage cases on contingency.
How Illinois differs from federal law
Illinois has a significantly higher minimum wage than the federal rate, with scheduled annual increases:
- 2024: $14.00/hr (standard); $8.40/hr for tipped employees (must reach $14 with tips)
- 2025: $15.00/hr (standard); $9.00/hr for tipped employees
- Chicago and Cook County may have higher local minimum wages — check local rates
- Workers under 18 can be paid $0.50/hr less than the standard rate
- Employees working at businesses with fewer than 4 workers can be paid $0.50/hr less
Additional steps in Illinois
File minimum wage complaints with the Illinois Department of Labor (IDOL). Workers can also file a private civil action and recover 2% monthly penalty on unpaid wages in addition to the unpaid amount.
What you should NOT do
Don't accept illegal deductions. Your employer cannot deduct for cash register shortages, breakage, or uniforms if it would bring your pay below minimum wage.
Don't ignore tip credit violations. If you're a tipped employee and your tips + base pay don't reach $7.25/hr, your employer must pay the difference.
Don't sign away your rights. Any agreement to work for less than minimum wage is unenforceable under federal law.
Don't wait — the clock is ticking.
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Generate your unpaid wages →This page is general legal information for Illinois, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Illinois.