Business & Work

A complaint for unpaid wages must be filed within one year after wages or final compensation is due. This claim is filed with the Illinois Department of Labor's wage claims division. Illinois law gives you the right to recover your owed wages for several years. Depending on the circumstances, you may recover a maximum of 3 years of unpaid wages that are due to you. Be sure to gather all the documents needed to prove your claim. 

For example, suppose you filed a minimum wage lawsuit on January 1, 2023. In that case, you could only recover your owed minimum wage from January 1, 2020, to the present. You cannot recover wages due before January 1, 2020. In this example, you can only recover wages from January 1, 2020, and forward.

You have the right to recover your owed back wages for 2 years prior to the date you file a lawsuit. There is a chance you may recover 3 years of back wages if your employer purposely violated the law.

You also have the right to file a private lawsuit in court. Or you could file a complaint with the US Department of Labor - Wage and Hour Office. 

Can I receive interest or penalties in addition to the wages I am owed?

Yes. Under Illinois law, you may receive an additional 5% of the underpaid wages for each missing month of payment. Under federal law, employers can be ordered to pay additional penalties.

If you have questions about the Illinois Wage Payment and Collection Act, you can contact the Illinois Department of Labor at (312) 793-2808.

If you need to talk to a lawyer, check out Get Legal Help.