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Director of Labor name Joseph Costigan

Pat Quinn, Governor

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WAGE PAYMENT AND COLLECTION ACT

Am I entitled to holiday pay?

No, unless by employment contract or agreement. For more information, click here. 820 ILCS 115/2.

What can be deducted from my check?

Only certain deductions are allowed under Illinois law. Deductions may be made when: (1) required by law (such as taxes); (2) to the benefit of the employee (such as health insurance premiums, union dues etc.); (3) a valid wage assignment or wage deduction order is in effect; (4) made with the express written consent of the employee, given freely at the time the deduction is made. For more information, click here. 820 ILCS 115/9.

*If you are an employee of the City of Chicago, METRA, CTA, CHA, Chicago Park District, Chicago Board of Education and Chicago City Colleges the law allows other deductions. For more information, click here. 820 ILCS 115/9.

How soon after I quit/fired do I have to be paid?

All final compensation, including bonus payments, vacation pay, wages and commissions must be paid on your next regularly scheduled payday. For more information, click here. 820 ILCS 115/5.

How long after separation from employment do I have to file a claim?

An employee must file his/her wage/final compensation complaint with the Department within one (1) year after such wages or final compensation were due. 820 ILCS 115/11.

Can my employer reduce my rate of pay?

Yes, as long as you are notified of the change prior to performing the work and your wage does not fall below minimum wage. For more information, click here. 820 ILCS 115/10.

Does my employer have to provide a statement of deductions?

Yes, the law mandates that each employee shall be furnished with an itemized statement of deductions for each pay period. For more information, click here. 820 ILCS 115/10.

How often must an employer pay wages?

Every employer is required to pay all wages earned at least semi-monthly. The wages are to be paid no later than 13 days after the end of the pay period in which the wages were earned. Wages of executive, administrative and professional employees as defined in the Fair Labor Standards Act of 1938, may be paid once per month. Also, commissions may be paid once per month. For more information, click here. 820 ILCS 115/3.

If I quit or am fired, am I entitled to payment for my unused accrued vacation time?

Yes. A former employee has a claim under the Act for the collection of the monetary equivalent of his/her vacation time earned in accordance with an employment contract, agreement or policy. For more information, click here. 820 ILCS 115/5 and 56 Ill. Adm. Code 300.520.

Am I entitled to severance pay, sick pay or holiday pay upon separation?

No, unless by employment contract or agreement. For more information, click here. 820 ILCS 115/2.

Can my employer hold my paycheck until I return my uniform(s), tools, pager, etc.?

No, an employer cannot withhold or deduct from wages pending the return of uniforms, tools, pagers, or any other employer owned equipment. 56 Ill. Adm. Code 300.830.

Can my employer take money out of my wages to cover cash register shortages or damages to the employer’s equipment/property?

No, an employer cannot deduct money from your pay for cash or inventory shortages or damages to the employer’s equipment or property, unless you sign an express written agreement allowing the deductions AT THE TIME the deduction is made. 56 Ill. Adm. Code 300.730 and 300.820.

Can my employer make me pay for my uniform?

No, unless you sign an express written agreement AT THE TIME the deduction is made. 56 Ill. Adm. Code 300.840.

Can I be required by company policy to accept direct deposit of my paycheck?

No. An employer must pay each of its employees his/her wages in a form that s/he may readily convert into cash (without the need of a personal bank account), unless an employee volunteers to be paid by direct deposit in an account at a bank or financial institution of his/her choice. For more information, click here. 820 ILCS 115/4 and 56 Ill. Adm. Code 300.600.

Is it legal to pay in cash?

Yes. The law allows wages or final compensation to be paid in lawful money of the United States or by check, redeemable upon demand and without discount at a bank or other financial institution, or by deposit of funds in an account in a bank or other financial institution designated by the employee. For more information, click here. 820 ILCS 115/4.

What can I do if I believe I am owed wages, vacation, bonus, commissions or final compensation?

You may file a claim with the wage claims division of the Illinois Department of Labor.

What happens after I file a wage claim with IDOL?

Your application is reviewed for completeness, timeliness, and, to make sure the Department has jurisdiction. You may be asked to provide additional information and/or evidence to support your claim. Once your claim is accepted, a letter (notice of claim) is sent to your former employer. However, just because the Department accepts your claim does not mean that you are entitled to the wages or final compensation claimed. If the employer disputes your claim, you will be asked to respond and/or attend an office hearing if necessary. Remember, this is a lengthy process and may take up to one year or longer to resolve. 56 Ill. Adm. Code 300.940-300.1020.

How long does it take to get my money?

If IDOL determines that you have a valid wage claim, the time it takes to collect the money from your employer may range from several days to several months or more. Many things can speed up or slow down the payment of your claim. If your records are complete and your employer is cooperative, the process is faster. However, if your records are poor or if your employer is uncooperative, it may take longer.

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