Wages and compensation in Illinois are governed under the Wage and Payment Collection Act, 820 ILCS 115/1. This law covers both private and public employees for all payment and deductions in wages that can occur. Illinois wage and compensation disputes occur when an employee has not been fully paid or has been inadequately compensated for vacation, commission, and sick time among others.
Filing a wage dispute with the Illinois Department of Labor requires enough evidence in terms of documents, forms, and deadlines. Having an employment attorney by your side can help you prepare a successful case for wrongful compensation.
Common Compensation disputes
In Illinois, several types of workers who have worked for over 40 hours in a single week should receive one and a half times their regular pay for any overtime worked. An employer is also not legally permitted to withhold employee wages because of reasons such as shortage of cash or repayment for damaged property. In addition, any workplace supplies and uniforms are the responsibility of the employer to provide (and these cannot be deducted from employee pay).
In Illinois, all employees must be paid at least twice per month, except in cases of an executive, professional, and administrative employee. All employees who are to be paid biweekly should receive their wages within 13 days of the end of pay period. Wages must also be paid in cash, check, or direct deposit for all wages owed.
Filing a wage and compensation dispute
All wage disputes in Illinois are filed under the Wage and Payment Collection Act, and are addressed by the IDOL. To file a successful claim, you need to be cognizant of deadlines as well as the necessary documents to support your case. For example, withheld wages, vacation claims, commission claims, and illegal deductions should all be supported by necessary documentation.
These documents include, but are not limited to, the following:
- Copies of your employer’s vacation policy
- Copies of the commission agreement
- Provisions for hourly wage payment and payment for overtime
- Copies of pay stubs and the stipulated deductions that an employer can make
Filing for Illinois wage and compensation disputes require lots of paperwork and attention to detail. That is why hiring Employment attorneys can help your case. At HKM, we know all about Illinois wage and compensation laws and we’re here to help you file a successful claim for your wages.
