If you’ve worked hard and haven’t received the wages you’re legally owed, you’re not alone—and you do have legal rights. Many workers across Illinois face unpaid wage issues, whether it’s missing overtime, withheld commissions, unpaid final paychecks, or being misclassified as exempt when they shouldn’t be. We’ve worked with countless employees who were taken advantage of by employers who either ignored wage laws or assumed they wouldn’t be challenged. That’s why having an attorney on your side makes a real difference.
Federal and Illinois laws offer strong protections to workers, but enforcing those rights requires a detailed understanding of how the system works. Employers often have legal teams protecting their interests—so should you. Filing a wage claim seems straightforward, But employers frequently dispute these claims, delay payments, or retaliate. Legal representation ensures your voice is heard and your rights are fully enforced.
Under the Fair Labor Standards Act (FLSA), employees are entitled to be paid at least the federal minimum wage and receive time-and-a-half pay for any hours worked over 40 in a week. In Illinois, the Illinois Wage Payment and Collection Act (820 ILCS 115/) and the Illinois Minimum Wage Law (820 ILCS 105/) provide even stronger protections.
These laws cover issues like:
If your employer fails to comply with any of these requirements, you may be entitled to unpaid wages, interest, and additional penalties.
When our firm takes on an unpaid wages case, our first step is to gather vital evidence. This includes pay stubs, time records, schedules, emails, and other documents that show the hours you worked and what you were paid. We compare this information against your legal entitlements under both federal and state laws.
We also handle all communication with your employer, negotiate on your behalf, and, if necessary, file a complaint with the Illinois Department of Labor or a lawsuit in state or federal court. In many cases, we pursue claims for liquidated damages, penalties, and attorney fees, which are available under both state and federal statutes.
In many cases, employers will try to use loopholes or intimidation tactics to avoid liability. With legal representation, you won’t be pressured into settling for less than you’re owed.
Employers who violate wage laws can face serious consequences. Under the FLSA, employers may be required to pay double the amount of unpaid wages (known as liquidated damages). Illinois law imposes a 2% monthly penalty on unpaid wages under 820 ILCS 115/14(a), and employers may also be ordered to cover your legal costs.
Additionally, if your employer retaliates against you for asserting your rights—such as firing you or cutting your hours—that could result in a separate claim for retaliatory discharge under Illinois common law or under 820 ILCS 115/14(c).
Start by documenting everything—hours worked, emails, texts, and any previous paychecks or records. Then, contact an attorney who can review your claim and determine the best course of action. You have the right to demand unpaid wages, and the law provides a process for enforcing those rights.
Under Illinois law, most wage claims must be filed within three years. The federal FLSA also provides a two- to three-year window depending on whether the violation was willful. It’s important to act quickly because waiting too long can limit your ability to recover what you’re owed.
You can file a claim through the Illinois Department of Labor or the U.S. Department of Labor without a lawyer, but you’ll likely be at a disadvantage if your employer contests the claim. An attorney can help you maximize your recovery, handle legal filings, and push back against any defenses your employer may raise.
Possibly. Being paid a salary does not automatically mean you’re exempt from overtime. Under the FLSA and Illinois law, you must meet specific criteria under the executive, administrative, or professional exemptions. If those conditions aren’t met, your employer must pay you overtime, even if you’re salaried.
No. Retaliation for asserting your wage rights is illegal under 820 ILCS 115/14(c). If your employer takes negative action against you—such as firing, demoting, or harassing you—you may have a separate legal claim for damages.
Yes, if the bonus or commission was earned under the terms of your employment agreement. Illinois law requires employers to pay all earned compensation, including bonuses and commissions. If your employer refuses, you may be entitled to penalties and attorney fees.
Yes. Under both federal and Illinois law, successful plaintiffs can often recover reasonable attorney fees and court costs. This is important because it allows employees to pursue claims even if the unpaid wages alone are relatively small.
You deserve to be paid fairly for the work you’ve done. At North Suburban Legal Services, we fight for workers across Chicago to recover unpaid wages and protect their rights under the law.
Contact our Chicago employment attorneys at North Suburban Legal by calling 312-909-6089 to receive your free consultation. We represent clients throughout Chicago and Illinois.