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https://www.illinoislegalaid.org/legal-information/collecting-unpaid-wages
Date: 09/07/2025

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Collecting unpaid wages Guide

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How do you know what wages you are owed?

You and your employer should agree on how much you will be paid for your work before you begin. You have the right to get information in writing about how you will be paid for your work.

Some workers make a certain amount for each hour they work. Other workers are paid the same amount no matter how many hours they work. This is usually called a salary.

It does not matter how you are paid, whether it is by the hour, salary, by piece, or another method. If you work, then you should be paid the amount you agreed on with your employer. However, your agreed-upon rate should never fall below minimum wage. Find out more about minimum wage and overtime on the Illinois Department of Labor website.

Unless you are paid a salary, if you work more than 40 hours in one work week, then your employer must pay you at least one and a half times (1.5x) your regular hourly wage. The work week does not have to be the calendar week, but may begin on any day. Your employer may not average your hours over two or more weeks to determine if you worked more than 40 hours in one work week. 

Download the "Your Rights Under Illinois Employment Laws" poster, which should be posted where employees can see it.

Last full review by a subject matter expert
February 07, 2025
Last revised by staff
February 07, 2025

About our legal information

Take action

Starting a case to get back unpaid wages

Forms

Wage claim application - IDOL Blank form
Use this program to complete the forms to file a claim for unpaid wages in Illinois.

Learn more

How often should you be paid?
Getting vacation time, severance pay, or sick pay
Minimum wage basics
Does my employer have to pay me minimum wage?
How far back can I collect my unpaid wages?

Worried about doing this on your own?  You may be able to get free legal help.

Apply Online

Take action

Starting a case to get back unpaid wages

Forms

Wage claim application - IDOL Blank form
Use this program to complete the forms to file a claim for unpaid wages in Illinois.

Learn more

How often should you be paid?
Getting vacation time, severance pay, or sick pay
Minimum wage basics
Does my employer have to pay me minimum wage?
How far back can I collect my unpaid wages?
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© 2025 Illinois Legal Aid Online. 
All rights reserved.
 
ILAO is a registered 501(c)(3) nonprofit organization. ILAO's tax identification number is 20-2917133.