At the federal level, the minimum wage has been set at $7.25 per hour. All states must pay at least this much, even if they do not have a set state minimum wage.
In Illinois, however, the state-level minimum wage has been set at $15 an hour. This is more than twice the federal level.
This can sometimes cause conflicts. For instance, perhaps you just got a new job that was advertised as paying minimum wage. You assumed that this meant you would get $15 per hour, but your first paycheck showed that you are only being paid $7.25 per hour. When asked, your boss insists that they can pay you the federal minimum wage. Is this legal?
The higher wage must be followed
No, even if your boss believes they can pay you the federal minimum wage, this would typically still be illegal. For most workers, the higher wage must be paid. Since Illinois has a higher minimum wage than the federal limit, employers must pay at least $15 per hour.
This regulation applies to businesses in the private sector. There are sometimes exceptions, such as for federal employees, who may not be bound by the same restrictions. But if you work for a local business and you are not a federal employee, your employer does have an obligation to pay you the higher minimum wage. Refusing to do so and only paying you at the federal level could be a form of wage theft.
These types of wage and hour disputes can become complicated. If you believe you are not being paid fairly, it can help to work with an experienced attorney.
