Billhorn Law Firm

Work-related tasks outside your shift: Do you have to be paid?

2026-05-31T13:50:06Z

Hourly employees are sometimes required to do certain tasks in the workplace before they actually begin working or after they’re finished. They may have to put on a uniform and safety gear and remove it at the end of their shift, for example. They may be required to read and sign a notice of a new policy. Some employers who keep a close eye on payroll may try to save some money by requiring employees to do these things outside of the time they’re “on the clock.” Is that legal?

The Illinois Supreme Court’s ruling

Federal law doesn’t require employers to pay workers for these activities. What about Illinois law? That was the question before the Illinois Supreme Court earlier this year. The case stemmed from an action brought by two Amazon employees who claimed that their employer required them to take a COVID-19 test during the early days of the pandemic before they could begin their shift, but did not pay them for that testing time, which was 10 to 15 minutes. In a unanimous decision, the high court ruled that Illinois’ 1971 Minimum Wage Law “did not signify any intention to incorporate the preliminary and postliminary activities exclusions. ”The ruling also stated, "We must refrain from departing from the statute's plain language by reading into it exceptions, limitations, or conditions that conflict with the express language of the statute." It was noted that the law did list some activities as exceptions to those that need to be considered compensable, but “preliminary and postliminary activities” aren’t among them. Those activities, according to the court’s ruling, are “explicitly encompassing all time that an employee is required to be on an employer's premises." The court didn’t specifically rule that these pre- and post-work required activities must be paid – only that an employer could be required to pay them. The case is now returned to the appeals court, where that matter may be decided. The state legislature could also make that clarification. Employment law can be confusing. It can be hard to know if your employer is violating your rights. If you have questions or concerns, it can help to have experienced legal guidance.

Did your employer erase hours you already worked?

2026-05-29T14:57:48Z

You clocked in at 7:52 a.m., but your paystub says 8:00. You stayed 20 minutes past your shift to finish a task, and somehow those minutes never appeared. On their own, eight minutes here and twenty there feel too small to mention. Across a full year, however, they accumulate into entire days of unpaid work. If your recorded hours never seem to match the time you genuinely put in, you may face a practice known as time shaving, and Illinois law treats it as a serious wage violation.

What time shaving actually looks like

Time shaving happens when an employer alters timekeeping records so a worker collects pay for fewer hours than the hours actually worked. The practice is not always obvious Common versions include trimming a few minutes off each clock-in, automatically deducting a meal break you worked through, rounding every shift downward instead of to the nearest increment or deleting overtime hours so a 45-hour week appears as 40. Rounding itself is not automatically illegal. Federal rules permit employers to round time to standard increments, but only when the rounding stays neutral over time and does not consistently favor the employer. The problem begins when the math always seems to land in the company's pocket.

Why those minutes are protected

The federal Fair Labor Standards Act entitles non-exempt employees to pay for every hour worked, including short stretches of pre-shift and post-shift tasks. The law also obligates employers to keep accurate records of the hours their employees work. When a company alters those records, it commits more than a bookkeeping error. It deletes wages you already earned. A few limits still matter here. Exempt salaried employees generally do not earn overtime, and a genuinely neutral rounding policy can satisfy the law. Yet for hourly workers, time worked is time the employer must pay, and signing an agreement to accept less does not surrender that right.

What Illinois law lets you recover

This is where Illinois hands workers real leverage. The Illinois Minimum Wage Law allows an employee who received less than the lawful wage to recover the underpayment, plus statutory damages of three times the amount of that underpayment, plus an additional 5 percent of the underpayment for every month it remains unpaid. An employee who prevails may also recover reasonable attorney fees and court costs. The Illinois Minimum Wage Law generally allows a four-year window to bring a claim, while the federal deadline is typically two years, or three years for willful violations. Because the clock runs from the date each paycheck was short, waiting can quietly shrink what you are able to recover.

How to build a record before you act

The strongest wage cases rest on documentation, and the best time to start is now. A few practical steps:

Write down your actual clock-in and clock-out times every shift, separately from the employer's system
Save paystubs, schedules and any screenshots of your timekeeping portal
Note meal breaks you worked through or saw interrupted
Keep copies of emails or texts asking you to come in early, stay late or skip a break
Compare your own log against each paystub and flag the gaps

A short conversation with your employer or human resources department sometimes clears up an honest mistake. If the hours keep vanishing, that pattern points to exactly the kind of problem a wage claim can fix. Eight minutes a day does not sound like a paycheck, but stretched across months it becomes one. If your recorded hours never match the time you genuinely worked, the most useful step you can take is to start keeping your own daily log now. A consistent record, compared against your paystubs, turns a vague suspicion into something concrete and it preserves your options while the filing deadline still allows them.

Wage theft schemes targeting undocumented workers in Illinois

2026-05-19T00:03:22Z

Undocumented workers face significant wage theft risks because some employers believe they can ignore state and federal pay requirements. These schemes harm workers and violate the law. If you are missing your due wages, it may be time to seek legal support.

Employers may hide unpaid hours

Some employers use tactics that conceal the number of hours worked.

Require off-the-clock work before or after shifts
Edit time records to reduce total hours
Pay a flat day rate that includes overtime

Every hour worked must be counted and paid under Illinois and federal rules.

Improper deductions and cash pay issues

Undocumented workers often face deductions that reduce their pay below legal levels.

Charges for uniforms or equipment without written consent
Unlawful deductions for breakage or shortages
Payments in cash to sidestep overtime obligations

Illinois law limits when an employer can reduce wages lawfully, and paying in cash does not remove the duty to follow wage laws.

Misclassification to avoid overtime

Some employers also label undocumented workers as independent contractors to avoid paying overtime or minimum wage by:

Issuing 1099 forms instead of treating workers as employees
Shifting business costs to workers
Denying access to required pay records

Misclassification is a common scheme that affects many undocumented workers in construction, cleaning, and food service.

Retaliation and intimidation tactics

Unfortunately, undocumented workers may face retaliation when they question missing wages. Examples include:

Threats to report immigration status
Pressure to stay silent about unpaid hours
Sudden schedule cuts after raising concerns

Undocumented workers have the same right to full and timely pay as any other worker. Wage theft schemes are illegal, and workers can pursue unpaid wages regardless of immigration status. Legal guidance can give you a crucial head start.

Wage theft happens more than people realize

2026-05-01T21:44:30Z

According to some reports, wage theft is one of the most common types of theft in the United States. In fact, these reports claim that it outpaces all other types of theft that can occur. So why don’t you see more news articles about wage theft, as opposed to home robberies or car theft? Often, the issue is that it flies under the radar. Some employees do not even realize that they are losing wages that they were owed. Additionally, wage theft is cumulative. An individual employee may only see minor losses, but if it is happening on a consistent basis and across many industries, it adds up significantly when you consider all types of wage theft together.

What are some examples?

There are many different ways that wage theft can happen, including:

Not paying commissions and bonuses
Not paying an employee’s final paycheck if they leave their job
Paying someone under minimum wage
Not paying time and a half for overtime
Not paying properly for sick leave or paid time off
Taking tips that were meant for an employee

In some cases, even the employees themselves may not be sure exactly how the law applies. For example, if employees are in a tip pool and the owner is included, it is technically wage theft because the owner is taking a portion of those tips. This is true even though the employees are still receiving tips themselves—they are simply not receiving as much as they are actually due. Are you an employee who believes you may have experienced wage theft on the job? If so, it can help to work with an experienced attorney.

First steps to take as a victim of wrongful termination

2026-04-16T12:09:17Z

Losing a job unexpectedly can be overwhelming, especially when you believe the decision was unfair or unlawful. Wrongful termination may arise from discrimination, retaliation or violation of an agreement. Acting quickly and staying organized allows you to better understand your situation and prepare for the next steps.

Understand why your employment ended

Start by identifying the reason given for your termination. Ask for a clear explanation from your employer if one was not provided at the time of dismissal. Understanding the official reason helps you assess whether the decision may have violated workplace policies or employment laws and gives you a foundation for reviewing any supporting evidence.

Review contracts and company policies

If you had an employment agreement, carefully review its terms and pay attention to clauses related to termination, disciplinary procedures and notice requirements.

Gather and preserve evidence

Collect all relevant documents as soon as possible. This may include emails, performance reviews, written warnings and any communication related to your role. Keeping detailed records can help establish patterns or inconsistencies in your treatment. If possible, note dates, conversations and individuals involved in key events.

Request your employment records

You have the right to request access to your personnel file in many cases. This file may contain important information such as evaluations, disciplinary actions and internal notes. Reviewing these records can provide insight into how decisions were made and whether proper procedures were followed.

Identify witnesses and supporting information

If coworkers observed events related to your termination, their input may be valuable. Make a list of individuals who can confirm conversations or workplace conditions. Their perspectives can also help clarify what happened and support your account if questions arise later.

Final thoughts

Facing wrongful termination can be stressful, but taking structured steps can help you regain control and clarity because staying organized and informed is key to protecting your interests. Seeking professional legal guidance can help you understand your options and determine the best path forward.

Can employees discuss their salaries?

2026-04-01T12:32:43Z

Many U.S. companies have created environments that discourage open discussions of certain topics – one of which is salaries. While these environments are often justified as necessary for protecting privacy and preventing conflict, they can be unlawful. So, can you discuss salaries with your colleagues in Chicago?

Yes, you have the right to do so

It’s unlawful for an employer in Illinois to prohibit an employee from disclosing their wages, salary, benefits or other compensation. Thus, you have the right to compare your compensation with that of your colleagues. However, the state prohibits a human resources employee, a supervisor or any other employee with access to other employees’ salary information from disclosing it without prior written consent from the employee whose information is being sought. Therefore, if you want to know about a coworker’s salary, you need to ask them directly. A few tips to help you are:

Ask coworkers you trust. Those with whom you have a good rapport or a friendship outside work. Inform them that you would like to talk to them at a particular time.
Choose a private setting. Hold the conversation in a private setting, outside the office, and not via company chat systems.
Inform them of the reason for the discussion. For instance, you believe you are being underpaid for your experience, or you want to negotiate your salary and want to ensure you are paid fairly.
Tell them your salary. Inform your colleague how much you make, and inform them that if they are comfortable, they can share their salary range with you. Focusing on a range can make them more comfortable than asking for an exact number.
Thank them for their time

Ensure you maintain professionalism throughout the discussion. If you discover your coworker in a similar role as yours makes more money, you may be experiencing wage theft. Get more information to determine the next steps to take.

When travel between job sites may count as paid time

2026-03-20T05:02:00Z

Travel between job sites during your workday can count as paid time. That point matters because those minutes can increase your total hours and could affect overtime calculations.

If you leave one assigned location and report to another during the same shift, your recorded hours might not always include that travel. The outcome often depends on when your workday begins and the reason your employer requires that movement.

Identify travel that may qualify as compensable work time

Travel can count when you move between assigned locations after your first work duty begins. The same principle could apply if your employer requires you to report to a central point to collect tools, materials, co-workers or instructions before traveling to a job site. This often arises in situations such as:

Driving from one assigned site to another during scheduled work hours
Traveling between client locations based on the employer's direction
Transporting tools or materials needed to complete assigned tasks

These actions often connect directly to your assigned duties, which can place that travel within your total hours worked.

Distinguish travel that may fall outside paid work hours

Your regular commute from home to the first assigned job site often does not count as paid time under standard wage rules. A similar limitation can apply once your final assignment concludes. In addition, personal stops or route deviations made for your own convenience could influence whether that time qualifies as compensable work.

What your travel time may mean for your total hours

Travel between job sites can raise potential wage disputes. You might want to note when each assignment begins and ends, track each trip between locations and keep records of routes or instructions tied to those movements. Clear details about timing and purpose can help you better assess whether that travel could factor into your total work hours.

New protections added to the One Day Rest in Seven Act

2026-03-14T21:11:18Z

Illinois, like other states, has a number of laws intended to protect the health, safety and dignity of its workers. For example, the One Day Rest in Seven Act (ODRISA) requires employers to give their workers at least one 24-hour period off after every seven consecutive calendar days worked. In other words, no one can be required to work more than seven days in a row. The law also addresses meal and rest break requirements and how often they must be provided. Some types of employment are exempted from the law. This includes those who work in emergency services and agriculture, and those who work no more than 20 hours a week for one employer. People who work in a “bonafide executive, administrative or professional capacity” and those who work under a collective bargaining agreement are also exempt under the law. Employers who don’t comply with the law can be subject to fines and other penalties. That means, unfortunately, that some employers may threaten or engage in retaliation against employees who speak out to protect their rights under the law and possibly report them to the appropriate state authorities.

The amendment prohibits retaliation by employers

That’s why last year, Governor JB Pritzker signed an amendment to the ODRISA that addresses retaliation. Specifically, the law now states that an employer who “discharges, takes an adverse action against, or in any other manner discriminates against an employee” for exercising their rights, lodging a complaint with their employer or authorities or testifying against their employer in an “investigation or proceeding under this Act.” Some employees jump at the chance to work extra hours or days – especially if it involves getting overtime pay. However, it’s crucial for all working Illinoisans to know that there are certain legal restrictions on just how much they can be allowed to work without adequate downtime. This can be critical to their own well-being as well as the safety and well-being of those they work with and serve. Anyone who believes their employer has violated their rights under the ODRISA, including their right not to suffer retaliation, may benefit from discussing their concerns with an experienced legal professional.

Has a company refused to pay nondiscretionary bonuses?

2026-03-03T23:12:47Z

Worker wage claims may stem from a company refusing to pay overtime or violating minimum wage rules. Other times, well-compensated employees may need to take action when companies do not fulfill their wage promises as outlined in an employment contract. Salespeople, managers and others in well-compensated, performance-driven roles may be eligible for bonuses in certain circumstances. If a company refuses to pay a bonus as outlined in a worker's contract or in an incentive program, the employee may have the right to pursue a wage claim against the company.

Nondiscretionary bonuses are part of a worker's wages

Some companies offer discretionary bonuses, which are essentially provided as a means of sharing the company's good fortune with its workers. Workers frustrated that they didn't receive a holiday bonus generally do not have the right to file a wage claim over the loss of a discretionary bonus. However, when bonuses are part of a worker's pay structure or when the company announces a program intended to incentivize better job performance or employee retention, the bonus promised is nondiscretionary. The bonus is part of their pay. Provided that the worker meets the company's criteria for the bonus, the organization has a legal responsibility to follow through on the promise of that extra pay. Workers may need to review emails about incentive programs or their contracts to validate that they have met the terms for receiving a bonus. Provided that workers have met the terms for a bonus and their company refuses to provide it, they may have grounds for a wage lawsuit. Working with an attorney can be beneficial for frustrated employees who did not receive bonuses as promised by their employers.

Pay cuts are legal, but cannot be discriminatory

2026-02-12T18:32:31Z

As an employee, you certainly hope that your boss does not decide to cut your wages. However, as long as you are still being paid more than minimum wage, your employer often does have the legal ability to reduce your pay rate. Maybe you were hired at $30 an hour, for example, but the business has been struggling to pay its bills and wants to reduce your pay to $25 an hour. It is not automatically illegal for them to do this. However, it is important to note that the pay cut cannot be for an illegal reason, such as discrimination. If your employer decides to reduce the pay for everyone in a certain ethnic group or for everyone who follows a specific religion, for example, that would be illegal. If they cut the pay of all female workers and raise the pay of all male workers, that would also be discriminatory. This is sometimes important to keep in mind, especially if there has been a recent change in your circumstances. Maybe you have recently become pregnant or converted to a new religion. If your boss cuts your pay in response, you may be able to argue that it is discriminatory in nature.

It also cannot be done as retaliation

Another important thing to keep in mind is that your pay cannot be cut as retaliation for something you did, if that action itself was legal. For instance, perhaps you experienced sexual harassment on the job or witnessed it happening to another employee. If you spoke up about it or filed a report, and then your boss cut your pay in response, that could be an illegal form of retaliation.

Taking legal action

While many pay cuts are legal, you can see how some of them can still be problematic. If you believe that your rights are being violated, be sure you know what legal options you have.