Unpaid Wage Lawyers in Naperville and Chicago

Recovering Unpaid Wages, Commissions, & Paychecks

At Fish Potter Bolaños, P.C., our lawyers are experienced in helping clients obtain wages that are rightfully owed to them. If your employer has withheld wages, commission, or a paycheck, we will aggressively fight for you in and out of the courtroom.

You can trust us to help you receive your compensation. Call us at (312) 818-2407 or fill out our online form to get started.

What Laws Govern Unpaid Wages in Illinois?

In Illinois, payment of wages is governed by the Illinois Wage Payment and Collection Act (IWPCA). The IWPCA provides regulations for how an employee gets paid, when an employer may deduct from an employee’s wages, when and how an employee must be paid final compensation, penalties for any violations of the IWPCA and other wage-related issues. The Illinois Department of Labor helps enforce the IWPCA.

Common paycheck questions we receive are:

• Can an employer hold my paycheck? Typically, in Illinois if you are owed wages, they must be paid. This is the case even if you owe your employer money for something (i.e., for a uniform).
• Am I entitled to vacation pay with my final paycheck? Yes, under Illinois vacation payout law, employers typically are required to pay out accrued vacation pay. However, it can depend on the language of the vacation policy.
• Can my employer make deductions from my paycheck without my permission? Typically, the answer is no (although certain deductions are allowed).
• Are employers prohibited from paying unequal wages to men and women for the same job? Yes, the Illinois Equal Pay Act requires employers to pay men and women the same wages for the same work, and wage differences can only be based on factors other than gender.
• Am I entitled to overtime? This depends on a number of factors. Most hourly workers in Illinois are entitled to receive an overtime pay of one and a half times your regular rate of pay if you work over 40 hours in a workweek.

Illinois Wage & Payment Collection Act

The IWPCA limits when an employer may deduct from an employee’s wages. It is illegal for an employer to deduct money from an employee’s wages without the employee’s voluntary and written consent.

Under the IWPCA, an employer may only deduct from an employee’s wages without consent when the deductions are:

• Required by law
• To the employee’s benefit
• In response to a valid wage deduction order or wage assignment
• With the express written consent freely given at the time the deduction is made
• By certain entities for certain debts
• The result of an accidental overpayment

Finally, even if an employer receives consent to deduct from the employee’s wages when the employee starts the job, the employer is required to receive the employee’s written consent each time the employer makes any further deductions.

Schedule your initial case review today by calling (312) 818-2407.