Filing a Wage and Hour Claim – Illinois

1. Does Illinois have state overtime laws that are different from federal law?

Under Illinois law, employers must pay employees at a rate of one and one-half the employee’s regular hourly wage for working more than 40 hours in one week.

Some employees are exempt from the overtime requirement. Employees engaged in administrative, executive, professional, outside sales or agricultural activities are exempt from the overtime requirement. Additionally, the following employees are exempt from the overtime requirement:

• Salesmen and mechanics involved in selling or servicing cars, trucks or farm implements at dealerships
• Government employees
• Radio or television station employees in certain cities
• Participants in work place exchange agreements
• Educational or residential child care institution employees
• Commissioned employees

2. Does Illinois have a minimum wage that is different from federal law?

The current minimum wage in Illinois is $15 per hour. Employees under the age of 18 may be paid 50 cents less per hour. An employer where gratuities are paid to employee, may pay 60% of the minimum wage to its employees.

3. Does Illinois have meal and rest break requirements, unlike federal law?

Illinois has a meal break requirement, but no rest break requirements. Employees must be given a 20 minute unpaid meal break if they are working 7.5 hours or longer. The meal break must occur no later than five hours into the shift.

4. How do I file a wage/hour or labor standards claim in Illinois?

You can file a claim with the wage claims division of the Illinois Department of Labor. This can be done by filling out a Minimum Wage and Overtime Claim Application. (Aplicación en Español.) The filing should include as much information and documentation as possible. Filing a wage claim in Illinois can be completed with or without an attorney.

5. What are my time deadlines?

If you have a wage/hour complaint for the state of Illinois, do not delay in contacting the Department of Labor to file a claim. There are strict time limits in which wage claims must be filed. In order for the agency to act on your behalf, you must file the complaint within one years from the date that the claim arose. In order to file a private lawsuit, however, you must file the complaint within in three years.

As you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. You may wish to consult with an attorney prior to filing your claim, if possible. Yet if you are unable to find an attorney who will assist you, it is not necessary to have an attorney to file your claim.

6. How can I or my attorney pursue a claim in court in Illinois?

In Illinois, an employee can file a private lawsuit to recover unpaid wages, penalties, punitive damages, attorney’s fees and costs.