Employers have a legal obligation to pay their employees the wages and benefits owed under the terms of their employment. If an employer is found guilty of failing to pay wages or benefits as required by law, a court can find them liable for wage theft.
Wage theft can include an employee’s salary or hourly wage and certain employee benefits. If you believe that your employer has failed to pay the required salary or benefits, you have the right to take legal action with assistance from a dedicated employment attorney. A Deerfield wage theft lawyer could help you file a suit to receive what you have earned.
Wage theft laws are invoked when an employer does not pay the required compensation to their employees. The state has implemented various rules under the Illinois Wage Payment and Collection Act, 820 Ill. Comp. Stat. Ann. § 115/1, to ensure employers uphold their obligations to pay employees.
The IWPC also prohibits employers from taking certain deductions from an employee’s pay. The regulations are enforced by the state’s Department of Labor.
Employees who feel underpaid can file a wage claim with the DOL, which will investigate the claim. If the employer refuses to pay, the DOL assists employees by collecting additional information and sometimes holding a hearing to resolve the dispute.
Not every employee within the state is covered by the IWPC. The regulations cover private employers and units of local government. Some examples of workers that the IWPC does not cover include:
Union workers also have limited ability to file a wage claim if the issue involves a failure to pay overtime or a prevailing wage.
A wage theft lawyer in Deerfield could help determine whether a worker is an independent contractor by examining factors such as the level of control the employer exerts over the worker.
Employees should know that wages are not limited to cash compensation. The IWPC defines wages as any compensation an employer owes under the terms of an employment contract or agreement.
If an employee has left or plans to stop working for an employer, the wages owed to them after the separation are called final compensation. The IWPC also regulates employers’ obligation to pay final compensation to employees upon leaving the job.
Wages are not limited to an hourly wage or yearly salary. A wide range of compensation, fringe benefits, and wage supplements can fall under the category of wages or final compensation, including:
If an employer denies paying employees these benefits, they should speak with a Deerfield lawyer about filing a wage theft claim with the DOL.
The employee may face a formal hearing to introduce supporting documents or subpoena witnesses. A lawyer can also help the employee negotiate a potential settlement.
IWPC imposes strict penalties for Deerfield employers found guilty of breaking wage theft laws. According to 820 Ill. Comp. Stat. Ann. § 115/14, an employer found guilty of failing to timely pay wages or compensation must pay damages equal to five percent of the underpayment.
Damages owed to the employee will accrue until the employer satisfies their obligations. Employers also must pay the IDOL a $250 administrative fee, which increases to $500 if the wages owed exceed $3,000 and $1,000 if the wages owed total $10,000 or more.
The DOL can also penalize the employer at an amount equal to 20 percent of the underpayment. Further, the employer must pay the employee a daily penalty equal to one percent of the underpayment until the wage obligations are satisfied.
You should expect to receive the compensation owed to you. When you believe your employer has committed wage theft, you should contact an attorney as soon as possible.
A Deerfield wage theft lawyer can help you file a claim and protect your rights under the state’s employment laws.
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