Wage theft is a serious issue many workers face in Illinois. If your employer isn’t paying you the wages you’re entitled to, you need to understand how to prove wage theft and take action. This guide outlines the steps to document wage theft and pursue legal remedies.
What is wage theft in Illinois?
Wage theft occurs when an employer fails to pay employees the full wages they owe under state and federal law. It can include not paying overtime, refusing to compensate for all hours worked, or misclassifying employees to avoid paying appropriate wages. In Illinois, both state and federal laws protect workers’ rights to fair compensation.
How to document wage theft
To prove wage theft, start by carefully tracking the hours you work and the wages you receive. Keep pay stubs, timecards, and any written communication from your employer about pay. If your employer refuses to provide these records or provides incorrect ones, you must keep your own detailed documentation of the hours worked.
Next, compare the wages you’ve received with the hours worked. If you worked overtime, check that you received at least one and a half times your normal hourly rate for hours over 40 per week. Any discrepancies between what you should have earned and what you actually received should be clearly documented.
Additionally, talk to coworkers who may have experienced similar issues. Their testimony can back up your claim of wage theft, especially if it’s a recurring issue at your workplace.
Taking legal action for wage theft in Illinois
If you believe you’ve been a victim of wage theft, you can file a complaint with the Illinois Department of Employment Security (IDES). IDES investigates wage theft complaints and works to recover stolen wages. Alternatively, you can file a civil lawsuit to claim unpaid wages, liquidated damages, and legal fees if the employer willfully violated wage laws.
Protecting your rights
The best way to protect yourself from wage theft is to keep accurate records of your work hours and pay. By documenting any discrepancies, you strengthen your case if a dispute arises. Knowing your rights and taking action quickly will help ensure you receive the wages you deserve.
