Billhorn Law FirmChicago Pay Violation Attorney | Wage and Hour Lawyer2026-09-14T11:34:36Zhttps://www.billhornlaw.com/feed/atom/WordPressOn Behalf of Billhorn Law Firm<![CDATA[Is tip pooling legal in Illinois?]]>https://www.billhornlaw.com/?p=481412026-09-14T11:34:36Z2026-09-14T11:34:36ZMost of the time, when employees receive tips, those tips are given directly to the employees. A customer may just leave cash on the table for a server, for example. If they pay with a credit card, which is increasingly more common, then they may leave a tip on that credit card.
Tip pooling, on the other hand, is when all of the tips are gathered together at the end of the night. These tips are then split up equally among the entire waitstaff. Generally speaking, this is not prohibited under Illinois law. Employees do not always prefer tip pools because they may feel that they have earned more than their fellow coworkers but are still being paid the same amount in tips when everything is equally divided. But as long as those tips still go to the group of employees that earned them, tip pooling can be instituted.
Employers cannot be included
One of the biggest issues that arises, however, is when someone who did not earn the tips is included in the pool. This could be a supervisor, a manager or a business owner.The key thing to keep in mind is that an employer cannot be added to a tip pool and cannot take a portion of the tips. Even if the employer helped the waitstaff by carrying items to customers’ tables, for example, they still cannot be included with the other tipped employees. This could be a form of wage theft because the full value of the tips is not going to the waitstaff.In some cases, tip pooling is instituted legally and used appropriately. But in other cases, there are significant conflicts and wage and hour disputes. It is important for those involved to understand what legal steps to take.]]>On Behalf of Billhorn Law Firm<![CDATA[Can your Illinois employer pay federal minimum wage?]]>https://www.billhornlaw.com/?p=481402026-08-26T19:02:37Z2026-08-26T19:02:37ZAt 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.
]]>On Behalf of Billhorn Law Firm<![CDATA[Understanding overtime pay and wage theft in Chicago]]>https://www.billhornlaw.com/?p=481392026-08-15T20:00:01Z2026-08-15T20:00:01ZOvertime pay laws allow employees to earn one and one-half times their typical rate of pay if they work more than 40 hours in a workweek. For example, an employee who earns $20 an hour can earn $30 for that additional time worked.
However, some employees are not entitled to overtime pay. Because of this, employers may take advantage of overtime laws to avoid paying employees their full wages. Understanding overtime pay laws can help employees identify wage theft. Here is what you should know.
Who is not entitled to overtime pay?
Employees who are entitled to overtime pay are considered non-exempt. Once a non-exempt employee works more than 40 hours in a workweek, they are often entitled to overtime pay rates. However, exempt employees cannot earn overtime pay.
Following are some examples of exempt employees:
Agricultural laborers
Some sales staff
Executive managers
Administrative workers
Professionals with advanced degrees
Further, independent contractors typically cannot earn overtime pay. They are also not entitled to many of the same protections or benefits as other employees.
What if an employer misclassifies an employee?
Some employers may violate state and federal laws by not paying their employees overtime pay. Employers can do this by misclassifying their employees as exempt or as independent contractors. However, employees who are considered non-exempt under the law are entitled to overtime wages if they have earned them. Experienced legal guidance can help employees recover the wages to which they are entitled under the law.]]>On Behalf of Billhorn Law Firm<![CDATA[Can an employer fire you for reporting discrimination?]]>https://www.billhornlaw.com/?p=481362026-08-03T17:51:24Z2026-08-03T17:51:24ZWorkplace discrimination occurs when an employer, manager or employee treats someone unfairly based on their race, color, religion, gender, disability or another legally protected characteristic in the workplace. For example, someone might be paid less than their coworkers because of their gender.
When discrimination occurs, employees can file a claim that they were unlawfully subjected to workplace discrimination – yet, many incidents of workplace discrimination are never reported because the affected employees fear retaliation. In truth, the law considers reports of discrimination to be a protected activity. If an employer retaliates – and some may – they can face additional legal consequences.
What are protected activities?
Equal Employment Opportunity (EEO) laws grant employees “protected activities.” Some protected activities employees may have include:
Reporting workplace discrimination or harassment
Refusing to participate in discrimination
Requesting disability or religious accommodations
Whistleblowing unlawful workplace activities
EEO laws protect employees from retaliation when they engage in protected activities. Retaliation can include the following:
Wrongful firing
Wage garnishment
Unreasonably poor performance reviews
Verbal or physical abuse
Unreasonable job expectations
Unexpected job role changes
If an employee is suddenly treated differently after reporting workplace discrimination or engaging in a protected activity, they could be facing retaliation. Knowing your rights can protect you from job loss. If you want to learn more about your legal rights and protected activities, then you should consider reaching out for professional legal guidance. You may be entitled to compensation for the harm an employer caused you]]>On Behalf of Billhorn Law Firm<![CDATA[Incorrect paychecks adversely affect employees]]>https://www.billhornlaw.com/?p=481332026-07-21T13:16:14Z2026-07-21T13:16:14Zpay errors often involve employees being paid incorrect rates or missing hours. Unpaid overtime and improper deductions are also possible. These errors are often attributed to human error or software problems, but the cause doesn’t negate the effects missing pay can have on an affected employee.
How can pay errors affect employees?
A short paycheck can mean that an employee can’t pay their bills. This can lead to late charges. It may also cause them to have overdraft charges if they have any automatic withdrawals that can’t be covered.
Most employees who don’t receive the pay they’re due will also spend time reviewing their hours worked and trying to contact the appropriate person to address the issue. This can take time away from other activities or duties, and it can be stressful.
Paychecks that aren’t handled properly can also lead to mistrust of one’s employer. Employees may feel unsure about working because they may not want to have to continually monitor their pay. Clear payroll practices, accurate record keeping and established procedures for reporting discrepancies can all help employees who are dealing with this situation.
Employees who don’t receive the pay they’re due may choose to take legal action. These cases can be complex, so it’s often beneficial to work with a legal professional who is familiar with these matters.]]>On Behalf of Billhorn Law Firm<![CDATA[What if your employer changes your commission plan after a sale?]]>https://www.billhornlaw.com/?p=481312026-07-14T07:07:17Z2026-07-14T07:07:17ZLimits on retroactive reductions
Under Illinois law, your commission becomes earned pay once you complete everything required by the plan. If that happened before the new structure took effect, your employer generally must use the earlier rate for that sale.
Your employer can still lower rates, change tiers or introduce a different formula for future work. However, the company must notify you before you perform the work covered by those terms and cannot use them to reduce a commission you already earned.
Terms defining commission entitlement
Illinois law generally looks to your sales compensation agreement to establish when your right to payment arises. Depending on the language used, that point may occur when:
The customer executes a contract or submits a binding order
The employer ships the goods or begins providing the service
The buyer pays the invoice in full
The scheduled payout date arrives while you remain employed
These conditions matter because closing the deal may represent only one stage in the compensation process. If delivery or payment remains pending, or if the plan requires you to remain employed through the payout date, the commission might not qualify as earned wages.
Records identifying controlling terms
Commission disputes often turn on which version of the pay structure governed a particular transaction. Several documents may help clarify the timeline:
The plan document, offer letter or employment agreement in effect when you completed the sale
Emails or memoranda explaining the revision and the date it took effect
Pay statements showing how the employer calculated similar earnings in the past
Sales reports, invoices or customer records confirming when the transaction reached each required stage
Viewed together, these materials connect the written arrangement to the history of your sale. They can show whether you completed the qualifying steps under the earlier version and whether the difference resulted from timing, interpretation or a payroll error.
Options for recovering unpaid compensation
A written request to payroll or human resources can resolve the issue, especially when the difference stems from an administrative error or a different interpretation of the sales arrangement. You can identify the transaction, explain your calculation and ask which version the company used.
If the matter remains unresolved, you may file a wage claim through the Illinois Department of Labor’s online system or bring a civil action, but you generally cannot pursue both for the same underpayment. Either route may provide the unpaid amount plus damages equal to 5% for each month it remains outstanding.
It is important to know that each filing period differs. A wage claim filed with the department generally must be submitted within one year after the commission became due, while a lawsuit usually has a 10-year deadline.]]>On Behalf of Billhorn Law Firm<![CDATA[How to handle unpaid wages as an undocumented worker]]>https://www.billhornlaw.com/?p=481302026-07-13T21:42:09Z2026-07-13T21:42:09ZYou worked hard and expected to receive every dollar you earned. When an employer withholds pay, delays payment or refuses to pay, you may feel powerless because of your immigration status.
In many U.S. workplaces, wage protections apply regardless of immigration status. You may still have rights to minimum wage, overtime and payment for completed work. Clear records can help show what happened and support your claim.
1. Build strong proof of the work you completed
Before taking action, gather information connecting you to the job and showing what you earned. Helpful records may include:
Write down every date and hour you worked.
Save pay stubs, checks, receipts and bank deposits.
Keep texts, emails, schedules and job instructions.
Record the employer’s name, address and contact details.
Note the agreed pay rate and unpaid overtime.
List coworkers who saw you working or experienced similar problems.
You do not need perfect paperwork to report unpaid wages. Detailed notes, messages, photographs or witness statements may help support your account.
2. Bring your wage complaint to the proper office
You may file a complaint with the U.S. Department of Labor or your state labor agency. The process usually includes:
Contact the agency handling wage claims in your area.
Explain where you worked, your duties and the amount owed.
Submit copies of supporting records.
Respond when an investigator requests more information.
Keep copies of every form and communication.
Deadlines in Chicago may vary depending on the type of claim, so acting early can protect your options. Retaliation for reporting wage violations may also be unlawful.You deserve payment for your labor. Because wage rules, filing deadlines and immigration concerns may overlap. Therefore, legal assistance can help you choose a safer path toward recovering what you earned and deserve.]]>On Behalf of Billhorn Law Firm<![CDATA[Illinois law helps to prevent sex-based wage discrimination]]>https://www.billhornlaw.com/?p=481282026-06-20T14:37:44Z2026-06-20T14:37:44ZSalary disclosure should not influence future earnings
For decades, employers often required that workers disclose their earning history as part of the hiring or onboarding process. The company could then scale compensation based on the worker’s prior income. Professionals in similar positions at the same company could earn vastly different wages as a result of this practice.
Female workers who earned lower wages due to a previous employer's discrimination were at risk of that prior discrimination following them to all of their future employment opportunities. No matter how well they performed their jobs, the salary they earned before could limit their future wages.
Under unique state laws adopted in Illinois, employers can no longer mandate salary disclosures from job candidates. This law facilitates a fairer approach to salary negotiations and allows workers to improve their circumstances without their prior income influencing their future opportunities.
If employers do not comply with state law, workers affected by wage discrimination may have grounds to take legal action. Discussing onboarding practices and wage discrepancies with a skilled legal team can help workers paid an unfair amount to hold their employers accountable.]]>On Behalf of Billhorn Law Firm<![CDATA[Is overtime comp time legal in Illinois?]]>https://www.billhornlaw.com/?p=481272026-06-12T12:40:05Z2026-06-12T12:40:05Zunder Illinois law, even though it is legal in some other states.
This rule applies to the private sector. Those working in the public sector, such as those in government jobs, may still be offered comp time or may have provisions in an employment contract that specify how they will be compensated. But for the average employee working in the private sector, who is likely an at-will employee, comp time should not be offered in lieu of pay.
What is comp time?
If you have never been offered comp time before but you want to know what to look out for, it is, effectively, additional time off. For example, say that you end Friday by working two hours of overtime. You deserve time and a half for those extra hours, but your boss tells you just to come in two hours late on Monday. They say that will even everything out so that you will be properly paid.
The first problem with this is that it is prohibited under Illinois law, and your boss needs to pay you time and a half for overtime. The second issue is that giving you two hours off still underpays you because it is paying you at your standard rate. Two hours of overtime paid at time and a half would be equal to three hours off.
Wage and hour issues
Problems with overtime pay do sometimes happen, perhaps because an employer was unaware of how the law works and offered an employee comp time when doing so is not allowed. If you find yourself involved in a wage dispute, be sure you know what legal options you have available to you. Seeking personalized legal guidance is generally a great option in this regard.]]>On Behalf of Billhorn Law Firm<![CDATA[Work-related tasks outside your shift: Do you have to be paid?]]>https://www.billhornlaw.com/?p=481262026-05-31T13:50:06Z2026-05-31T13:50:06ZHourly 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.]]>