If you were not paid the wages you have earned, you may be able to file a wage theft claim. Wage theft takes place when an employer fails to pay an employee the wages they are legally owed. This could include unpaid overtime, failure to be paid for all hours worked, illegal deductions from paychecks, and being paid less than the minimum wage.
Filing a wage theft claim may help you to recover any unpaid wages and hold your employer accountable for wage theft. In Illinois, the process for reporting wage theft means you have to gather necessary documentation and submit a claim to the appropriate state agency or seek legal assistance.
Illinois Wage Laws
Illinois has specific wage laws designed to protect employees from wage theft and so that they receive fair compensation for the time spent working. These laws include the following:
- the minimum wage in Illinois is $14.00 per hour;
- tipped employees must be paid a minimum 'service rate' of $8.40 per hour and if their tips fail to bring their total earnings up to the standard minimum wage, the employer is required to make up the difference;
- employees who work more than 40 hours per week are entitled to overtime pay at a rate of one and a half times their regular hourly rate;
- hourly paid employees have to be paid at least once a week, or every other week.
If any of these wage laws are violated, you could have a wage theft claim. It's important to be aware of your rights and take action if you suspect you are a victim of wage theft.
How to File An Illinois Wage Theft Claim
If you know you have been a victim of wage theft, you may be able to file a claim with the Illinois Department of Labor (IDOL). The IDOL Fair Labor Standards Division is responsible for investigating wage theft claims. Here are the steps you need to follow to file a claim.
- Collect all relevant documents, such as pay stubs, timecards, employment handbooks, and any other records that can help to support your claim.
- File your claim with the IDOL. This can be done online through the IDOL website or by mailing your completed claim form.
- As soon as you have filed your claim the IDOL Fair Labor Standards Division will investigate it. They may contact your employer and request additional information.
You can file a claim with the IDOL if you have not been paid for all the hours you worked, were not paid for overtime, you received less than the minimum wage, or if illegal deductions were made from your paycheck.
What Do I Need When I File a Claim For Unpaid Wages In Illinois?
When filing a claim for unpaid wages in Illinois, it is crucial to have comprehensive documentation to support your case. This should include the following:
- pay stubs which provide proof of the wages you were paid;
- timecards or a work schedule that shows the hours you have worked;
- your employee handbook or contracts show the terms of your employment;
- correspondence such as a written communication with your employer about your wages;
- personal records that you keep which shows your hours worked, the duties you performed, and any discrepancies in your pay.
Speak With a Wage Theft Lawyer Helping Those In Illinois
If you need additional assistance, consider speaking with a wage theft lawyer. Lawyers specializing in wage theft in Illinois can offer valuable advice and help you navigate the claim process. An attorney can help you understand your rights, gather necessary documentation, and represent you in legal proceedings if necessary. To get connected with an independent attorney, fill out the Free Case Evaluation (FCE) form available on legal assistance websites.
