Wage theft occurs when an employer fails to pay workers the wages they have earned. Undocumented workers in Illinois have protection from this behavior under state wage and hour laws.
This can include unpaid overtime, failure to meet minimum wage requirements or withholding pay for hours worked. Undocumented workers who experience wage theft can take several steps to recover their earnings.
Document work hours and wages
Always keep detailed records of your hours worked, wages received and any agreements made with your employer. These records can include pay stubs, timesheets or notes detailing work schedules and payment arrangements. Keeping this information organized can help support a claim for unpaid wages.
Report wage theft to the Illinois Department of Labor
The Illinois Department of Labor (IDOL) enforces wage laws and provides a way for workers to file complaints against employers who violate these laws. You can submit a wage claim form through the IDOL website or by mail. IDOL investigates wage theft claims and can order employers to pay any wages owed.
Know retaliation protections
Illinois law prohibits employers from retaliating against workers who report wage theft. This means an employer cannot fire, threaten or otherwise discriminate against you for filing a complaint. If your employer takes any retaliatory action, you can report it to the appropriate authorities.
Understand available legal protections
State and federal labor laws protect all workers, regardless of immigration status. Undocumented workers have the right to receive payment for their work and can take action without fear of automatic deportation. Wage theft claims focus on employment violations, not immigration status.
Undocumented workers facing wage theft have every right to take action. Following the right steps will help you recover unpaid wages and prevent further exploitation.
