Employment (Legal)

Wage Theft occurs when you are not paid what you are owed for your work, including wages, paid time off, and benefits. Your employer must pay you the full amount you’ve earned, at least the local minimum wage, and any agreed-upon benefits—on time. 

Wage theft includes a wide range of violations committed by an employer against an employee. For example, employers commit wage theft when they:

• Pay you less than the minimum wage.
• Refuse to pay you overtime wage.
• Make you work “off the clock,” such as having you start working before clocking in or continue working after clocking out. 
• Pay you less than all hours worked. Take illegal deductions from your paycheck* (e.g., charging you fines, damages, cash shortages, or defective work)
• Steal your tips.
• Issue a paycheck that bounces.
• Fail to provide a final paycheck after you leave the position.
• Cut your lunch breaks short.
• Ask you to make work-related purchases without reimbursement (tools or uniforms)
• Misclassify your employee status as an independent contractor.

Note: An employer can dock pay from an hourly employee as a disciplinary measure but cannot reduce your pay so much that it dips below minimum wage.

As an employee in Illinois, you are entitled to various rights at the city, state, and federal levels. These rights may differ at each level. Generally, you have the following labor rights:

• Minimum Wage (Non-Tipped): Chicago: $16.20/hour; Cook County & IL: $15.00/hour
• Minimum Wage (Tipped): Chicago: $11.02/hour; Cook County & IL: $9.00/hour
• Overtime Pay: 1.5× regular wage for hours over 40/week (unless you are a manager, professional, or other exempt employee)
• Timely and Full Wage Payment: Paid at least semi-monthly; all wages, bonuses, and vacation pay must be paid on the next payday after separation.
• Paid Leave: Chicago: 1-hour Paid Leave + 1-hour Paid Sick Leave per 35 hours worked (Besides health reasons, Paid Sick Leave may also be used for safety purposes such as domestic violence.) IL: 1 hour Paid Leave per 40 hours worked, up to 40 hours per year

To learn more about your rights as an employee, please visit the Illinois Department of Labor (IDOL) and the Chicago Office of Labor Standards (OLS) websites.

If you believe that you are a victim of wage theft and your employer is based in Chicago, first, you’ll need to figure out how much money the employer owes. To calculate it, use the following formula:

Total owed wages = The total amount you should have received – The amount you were actually paid

In addition to the wages you were underpaid, you are entitled to an additional 5% monthly penalty for each month the payment was delayed. This is referred to as a damages fee. For example, if you were underpaid by $100 in one month, you are entitled to receive the $100 owed plus an additional $5 ($100 × 5%) for each month the payment was delayed. After one month, your employer would owe you a total of $105. 

Option One: Speak directly with your employer

You can speak directly with your employer to try to recover the wages you are owed. This is not required to file a complaint. However, this is often the fastest way to receive your owed wages, especially if the underpayment was because of a mistake. It is illegal for your employer to retaliate against you for asking about owed wages. It can also be helpful to write down what happens when you talk with your employer. Having notes can remind you what you agreed to and when you spoke to your employer. Notes can also provide evidence if you file a complaint to get your wages back. 

Option Two: File a complaint with the Chicago Office of Labor Standards (OLS) or Illinois Department of Labor (IDOL)

If your employer is in Chicago, you can file a wage theft complaint with the Chicago Office of Labor Standards (OLS) or the Illinois Department of Labor (IDOL). Note: You must file your wage complaint with OLS/IDOL within one year after the wages or final compensation is due. There is no cost to file a claim. You do not need a lawyer. 

For a step by step guide, please download our brochure.

Option Three: File a lawsuit on your own

Consider filing a lawsuit on your own. You do not have to file a complaint with OLS/IDOL before you file a lawsuit. You can sue your employer for your wages owed without a lawyer. This is called filing “pro se.” When you file your own lawsuit, the court will charge you a fee. If you cannot afford this fee, you can ask the court to let you file without paying. See https://www.illinoislegalaid.org/legalinformation/filing-court-papers-free for more information on requesting a fee waiver.

For more details, download our brochure.

Option 4: Talk to a lawyer

You always have the option to talk to a lawyer about your case. You can get legal help from legal aid organizations in Illinois, or you can find a private lawyer through the Chicago Bar Association or the Illinois State Bar Association.

 

No matter your immigration status, you have the right to be paid for your work. In Illinois, all workers—including undocumented workers—are protected by state and federal wage laws. That means your employer must pay you at least the minimum wage, overtime pay, and for all hours you have worked. If you have been underpaid, denied overtime, or forced to work off the clock, you can take action to get the wages you are owed. And here is something important: your employer cannot use your immigration status as an excuse to avoid paying you.

If your employer refuses to pay you, you have all four options mentioned above. You can file a complaint with the Illinois Department of Labor (IDOL), the Chicago Office of Labor Standards (OLS) if you work in Chicago, or the U.S. Department of Labor (DOL). You do not have to share your immigration status when filing a complaint, and these agencies will still investigate your case. Your rights as a worker do not depend on your legal status—they depend on your work. 

It is illegal for an employer to retaliate against you for asking about unpaid wages. That means they cannot fire you, cut your hours, or threaten to report you to immigration authorities, such as Immigration and Customs Enforcement (ICE), just because you stood up for yourself. Illinois law even goes a step further by prohibiting local law enforcement from helping ICE in labor disputes, so your employer cannot use deportation threats to scare you into staying quiet.

In some cases, undocumented workers can even get temporary immigration relief while they are pursuing a labor case. The U.S. Department of Labor allows workers to apply for Deferred Action, protecting them from deportation while their wage theft case is being investigated. While wage theft alone does not qualify for a U visa or T visa, if your employer has been involved in serious workplace abuse, labor trafficking, or threats, you may have legal options to apply for one of these protections. 

The Illinois Department of Labor (IDOL) enforces state wage laws, including minimum wage, overtime, wage payment schedules, and deductions. If your employer has not paid you properly, IDOL can investigate and recover unpaid wages on your behalf.

How to File a Wage Complaint with IDOL:

• Online: https://labor.illinois.gov/unpaidwages.html
• Phone: 1-800-478-3998
• Email: DOL.MWOT@illinois.gov

If you work in Chicago, the Office of Labor Standards (OLS) enforces Chicago-specific labor laws, including the Chicago Minimum Wage Ordinance, Paid Sick Leave, and Wage Theft Protections.

How to File a Wage Complaint with OLS:

• Online: https://www.chicago.gov/city/en/depts/bacp/supp_info/wagetheft.html
• Phone: Dial 311 or use the CHI 311 App

The U.S. Department of Labor’s Wage and Hour Division (WHD) enforces federal wage laws, including the Fair Labor Standards Act (FLSA), which protects workers against minimum wage violations, unpaid overtime, and child labor violations.

How to File a Wage Complaint with the DOL:

• Online: https://www.dol.gov/agencies/whd/contact/complaints
• Phone: 1-866-487-9243
• Check if You’re Owed Wages: Workers Owed Wages (WOW) Tool, see https://webapps.dol.gov/WOW.

The Workplace Rights Bureau investigates systemic labor law violations affecting multiple employees, including wage theft, retaliation, and misclassification. It can also take legal action against employers violating wage laws.

How to File a Complaint with the Illinois Attorney General:

• Online: https://illinoisattorneygeneral.gov/File-AComplaint/
• Workplace Rights Hotline: 1-844-740-5076

Legal Aid Chicago provides free legal representation to low income workers who have experienced wage theft, wrongful termination, or retaliation. If your employer has refused to pay you, retaliated against you, or misclassified you, Legal Aid Chicago may be able to take your case.

How to Get Help from Legal Aid Chicago:

• Online: https://legalaidchicago.org/get-help/how-do-iapply-for-legal-aid
• Phone: 312-341-1070

If you are an immigrant worker, documented or undocumented, and you fear retaliation, threats of deportation, or workplace abuse, the NIJC provides legal support for workers facing wage theft, immigration-related retaliation, or labor exploitation.

How to Get Help from NIJC:

• Phone: Call 312-660-1370 to request an appointment. This line is open for appointment requests on Tuesdays, Wednesdays, and Thursdays from 8:30 a.m. to 4:30 p.m.
• Please note that legal consultations are offered by appointment only. It’s advisable to call during the specified hours to schedule your appointment.
• For more information about NIJC’s services and programs, visit their official website: https://immigrantjustice.org/