Wage Laws and Violations in Illinois

 Posted on December 24, 2017 in Wage Law

In Illinois, the minimum wage requirement is $8.25 per hour for all employees who are aged 18 years and older, and employees under the age of 18 can be paid $0.50 less than regular minimum wage. In most workplace situations, Illinois employees adhere to the minimum wage laws. However, there have been employers who have violated the minimum wage laws, and may have faced serious consequences. To effectively handle a business and its employees, there are many requirements that the employer must meet to avoid liabilities and lost money.

Wage Requirements

Depending on the employer, new employees and employees under 18 years old may be paid up to 50 cents less per hour. New employees have served their first 90 days of employment. Employees who work for tips may be paid 60 percent of the hourly minimum wage, which is $8.25 per hour in the State of Illinois. Overtime must also be paid at time and one half of the regular rate, after 40 hours of work during the week.

Wage Violations

If an employer is accused of violating minimum wage laws, then there are many penalties that follow. Any employer who violates the Wage Payment and Collection Act is liable for the unpaid wage amount and final compensation owed to the employee, plus two percent of damages to the underpayment or unpaid wages. Damages that are to be paid to the employee will continue to accrue until the wages are completely paid.

The employer must also pay a $250 fee to the Illinois Department of Labor. If the wage amount exceeds $3,000, then the non-waivable administrative fee will increase to $500. If the wage amount ordered by the Department is over $10,000, then the employer must pay a $1,000 fee. If the employer does not pay the fee on time, then a penalty of 20 percent of the underpayment will be paid to the Department, and a penalty of one percent of the underpayment will be paid every day to the employee. Anyone who knows about the wage violations is liable for the employee’s final compensation or unpaid wages.

Contact a Schaumburg Wage Violations Lawyer

Violating Illinois minimum wage laws is serious and can result in severe penalties. If you have been accused of violating minimum wage laws, you do not have to fight the legal battle alone. At The Miller Law Firm, P.C., we have over ten years of experience in representing clients in employment and corporate law matters, and we are ready to assist you with your individual case. For a free initial consultation, please call a Cook County employment lawyer at 847-995-1205 for effective legal representation.

Sources:

https://www.illinois.gov/idol/Laws-Rules/FLS/Pages/wpca-penalties.aspx

https://www.illinois.gov/idol/Laws-Rules/FLS/Pages/minimum-wage-law.aspx

https://www.illinois.gov/idol/Laws-Rules/FLS/Pages/minimum-wage-rates-by-year.aspx