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Employer wage theft in Illinois: Understanding your rights

On Behalf of | Aug 12, 2024 | EMPLOYMENT LAW (EMPLOYEE) - Wage & Hour Laws

American employment laws are more stringent than ever, with lawmakers understanding the need for worker protection. Unfortunately, some employers continue to violate the rights of workers by underpaying them.

Wage theft is a serious issue that can impact your livelihood. To stay informed, learn more about how employers steal from their employees.

Common examples of wage theft

Employers are generally savvy about their obligations, but may still skirt the law, violating worker wage statutes.

  • Underpayment: Paying eligible employees less than the state minimum wage (currently $11/hour)
  • Off-the-clock work: Requiring employees to work before or after their scheduled shifts or during breaks without pay

Employers found to be in violation of the state Wage Payment and Collection Act face several potential penalties. Examples include:

  • Paying the employee’s unpaid wages or paying final compensation plus damages (5% of the underpayment per month)
  • Paying a non-waivable $250 fee to the Illinois Department of Labor (IDOL), increasing to $500 or $1,000 for larger amounts owed

For delays in paying workers, employers may face a 20% penalty to IDOL and a 1% daily penalty to the harmed employee. Additionally, company officers or agents who knowingly permit wage violations can be held personally liable.

If you believe you are a victim of wage theft, you can obtain what is owed to you and potentially even more in damages. Visit the Illinois Department of Labor to learn more about wage theft.

Your workplace rights matter and the law can hold your employer accountable for unfair compensation. For ideal results, legal support and guidance can help you present a compelling case.

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