Illinois · Unpaid wages · Updated Oct 2026

Illinois wage claims: how to get your unpaid pay

Not paid for all your hours, no overtime, or no final paycheck? Here is Illinois’s minimum wage, the final-paycheck rules, the deadlines and where to file, in plain English.

$15.00minimum wage in 2026
$9.00tipped cash wage
Nodaily overtime
See the rulesfinal pay if fired
1 yeartime limit to file (see details)

Where to file in Illinois

Wage claims in Illinois go to this state office. Filing is usually free.

Office
Illinois Department of Labor (IDOL), Fair Labor Standards Division (Wage Claims)
Phone
312-793-2808
Languages
Printable wage claim form in Spanish and Polish.
File onlineOfficial wage claim page

For federal minimum wage and overtime you can also contact the US Department of Labor, Wage and Hour Division: 1-866-487-9243. How federal claims work.

How to file a wage claim in Illinois

  1. Gather your records

    Dates and hours worked, your pay rate, pay stubs or bank deposits, texts or schedules, and the employer's name and address.

  2. Ask in writing first (optional)

    A demand letter gives your employer a deadline to pay and shows you tried. Use the free letter on this page.

  3. File with Illinois Department of Labor

    File a wage claim with the Illinois Department of Labor. You can use the online form (you need to create an Illinois ID), or download a paper form and email it to [email protected] or mail it to 115 S. LaSalle St., 37th floor, Chicago, IL 60603. Include pay stubs, W-2s or 1099s, and any messages with your employer. IDOL investigates and may schedule a hearing; you must answer its letters and attend the hearing. Filing is free, but IDOL gets many claims and it may take a few months to hear back. If you worked in Chicago or Cook County, the page also points you to the city or county office.

  4. Watch the deadline

    File with IDOL within 1 year after the wages or final pay were due; IDOL reviews up to 3 years before the filing date (820 ILCS 115/11; 56 Ill. Adm. Code 300.940). A lawsuit for unpaid minimum wage or overtime under the Minimum Wage Law must be filed within 3 years of the underpayment (820 ILCS 105/12(a)). For other unpaid wages in court, see notes.

Minimum wage and overtime in Illinois

Illinois' minimum wage is $15.00 an hour for workers 18 and older (since January 1, 2025). Workers under 18 who work fewer than 650 hours a year may be paid $13.00. New non-tipped adult workers may be paid $14.50 for their first 90 days. The state minimum wage law applies to employers with 4 or more employees, not counting family members (US DOL). No further statewide increase is scheduled. Chicago is higher: $17.05 an hour from July 1, 2026, for employers with 4 or more employees ($12.96 for tipped workers).

Minimum wage (2026)
$15.00
Tipped cash wage
$9.00

Overtime

You must get 1.5 times your regular rate for hours over 40 in a workweek (820 ILCS 105). Illinois has no daily overtime.

Paydays: At least twice a month, no later than 13 days after the end of a semi-monthly or bi-weekly pay period (7 days for a weekly pay period). Executive, administrative and professional employees and commissions may be paid monthly (820 ILCS 115/3, 115/4; IDOL Wage Payment FAQ).

Your final paycheck in Illinois

If you are fired or laid off
In full at the time you leave if possible, and no later than the next regular payday. Final pay includes earned vacation, earned bonuses and commissions.
If you quit
Same as fired: no later than the next regular payday.
Law
820 ILCS 115/5

When was your final paycheck due in Illinois?

Enter how your job ended and your last day of work. We show your state’s rule and, when the rule is a simple number of days or your next payday, the date.

Enter your last day of workThe result appears when you pick a date.

Dates are approximate: we skip weekends for business and working days but not holidays. Nothing you type here is sent anywhere.

Penalties your employer may owe

Under the Wage Payment and Collection Act, the employer owes the unpaid wages plus damages of 5% of the unpaid amount for every month it stays unpaid; in a lawsuit you also get costs and attorney's fees (820 ILCS 115/14(a)). If IDOL or a court orders payment, the employer also pays IDOL a fee of $500 (up to $3,000 owed), $750 (over $3,000 and under $10,000) or $1,250 ($10,000 or more). If the employer does not pay within 15 days of a demand or 35 days of an order, it also owes the state 20% of the amount and owes you 1% per day until paid (820 ILCS 115/14(b)). For unpaid minimum wage or overtime under the Minimum Wage Law, a court awards three times the underpayment, plus 5% per month, costs and attorney's fees (820 ILCS 105/12(a)).

Retaliation and immigration status

Your employer may not fire or punish you for complaining to the employer, IDOL, a public hearing or a community organization that you were not paid correctly, or for starting or testifying in a wage case. You can recover through an IDOL claim or a lawsuit (820 ILCS 115/14(c)). Retaliation for a minimum wage or overtime complaint is also a crime (820 ILCS 105/11(c)).

Federal law also makes it illegal to fire or punish you for filing a wage complaint or cooperating in an investigation (US DOL Fact Sheet #77A).

The Illinois Department of Labor says all workers have a right to be paid for the work they perform, regardless of immigration status.

The US Department of Labor’s Wage and Hour Division enforces federal wage law without regard to immigration status, and its services are free and confidential whether you are documented or not (US DOL).

Deductions and tips

Your employer may not deduct for cash or inventory shortages, damage, or uniforms unless you sign a written agreement at the time of the deduction, and may not hold your paycheck until you return uniforms or tools (56 Ill. Adm. Code 300.720-300.840). For tipped workers, the employer may count tips for up to 40% of the minimum wage, so the cash wage must be at least $9.00 an hour, and wage plus tips must reach $15.00 (820 ILCS 105/4).

Good to know in Illinois

  • Unpaid wages grow by 5% every month until paid (820 ILCS 115/14(a)).
  • Since November 2025 IDOL runs a triage pilot and may not accept some claims, such as claims only for a disputed bonus or severance; you can still go to court (IDOL).
  • Chicago's minimum wage is $17.05 from July 1, 2026, for employers with 4 or more employees (City of Chicago).

Forms

Wage-theft calculator for Illinois

Work out what you should have been paid: at least the minimum wage for every hour, plus overtime. Then compare it with what you got.

If a higher city or county minimum wage applies where you work, enter that rate if it is more than you were promised.

Before taxes, if you know it. Leave it empty to see only what you were owed.

Fill in your pay, hours and weeksThe result appears as you type.

Illinois overtime rule: You must get 1.5 times your regular rate for hours over 40 in a workweek (820 ILCS 105). Illinois has no daily overtime.

Penalties your employer may also owe in Illinois: Under the Wage Payment and Collection Act, the employer owes the unpaid wages plus damages of 5% of the unpaid amount for every month it stays unpaid; in a lawsuit you also get costs and attorney's fees (820 ILCS 115/14(a)). If IDOL or a court orders payment, the employer also pays IDOL a fee of $500 (up to $3,000 owed), $750 (over $3,000 and under $10,000) or $1,250 ($10,000 or more). If the employer does not pay within 15 days of a demand or 35 days of an order, it also owes the state 20% of the amount and owes you 1% per day until paid (820 ILCS 115/14(b)). For unpaid minimum wage or overtime under the Minimum Wage Law, a court awards three times the underpayment, plus 5% per month, costs and attorney's fees (820 ILCS 105/12(a)).

Tipped workers: this calculator does not count tips. In many states your employer may pay a lower cash wage if your tips make up the difference to the minimum wage; see your state’s page.

An estimate from the numbers you enter and Illinois’s rules, not legal advice. Nothing you type in this calculator is sent anywhere.

Free demand letter for unpaid wages

A short, firm letter asking your employer to pay what it owes by a deadline. Many workers get paid at this step, and in some states a written demand starts penalties or makes the employer pay your attorney fees later. Fill this in, then download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail or an email you keep.

When you download or copy the letter, the details you typed are saved on our server. See our privacy policy.

The name on your pay stubs, checks or the business sign. If you only know the owner’s name, use that.

Use the calculator above if you are not sure.

We suggest 10 days.

What were you not paid? (required)

One or two sentences with dates, hours and amounts.

Questions about wage claims in Illinois

Where do I file a wage claim in Illinois?

With Illinois Department of Labor (IDOL), Fair Labor Standards Division (Wage Claims). Phone: 312-793-2808. File a wage claim with the Illinois Department of Labor. You can use the online form (you need to create an Illinois ID), or download a paper form and email it to [email protected] or mail it to 115 S. LaSalle St., 37th floor, Chicago, IL 60603. Include pay stubs, W-2s or 1099s, and any messages with your employer. IDOL investigates and may schedule a hearing; you must answer its letters and attend the hearing. Filing is free, but IDOL gets many claims and it may take a few months to hear back. If you worked in Chicago or Cook County, the page also points you to the city or county office.

What is the minimum wage in Illinois in 2026?

Illinois' minimum wage is $15.00 an hour for workers 18 and older (since January 1, 2025). Workers under 18 who work fewer than 650 hours a year may be paid $13.00. New non-tipped adult workers may be paid $14.50 for their first 90 days. The state minimum wage law applies to employers with 4 or more employees, not counting family members (US DOL). No further statewide increase is scheduled. Chicago is higher: $17.05 an hour from July 1, 2026, for employers with 4 or more employees ($12.96 for tipped workers).

Does Illinois have daily overtime?

You must get 1.5 times your regular rate for hours over 40 in a workweek (820 ILCS 105). Illinois has no daily overtime.

When is my final paycheck due in Illinois if I'm fired?

In full at the time you leave if possible, and no later than the next regular payday. Final pay includes earned vacation, earned bonuses and commissions.

When is my final paycheck due in Illinois if I quit?

Same as fired: no later than the next regular payday.

How long do I have to file a wage claim in Illinois?

File with IDOL within 1 year after the wages or final pay were due; IDOL reviews up to 3 years before the filing date (820 ILCS 115/11; 56 Ill. Adm. Code 300.940). A lawsuit for unpaid minimum wage or overtime under the Minimum Wage Law must be filed within 3 years of the underpayment (820 ILCS 105/12(a)). For other unpaid wages in court, see notes.

What can my employer owe besides my wages in Illinois?

Under the Wage Payment and Collection Act, the employer owes the unpaid wages plus damages of 5% of the unpaid amount for every month it stays unpaid; in a lawsuit you also get costs and attorney's fees (820 ILCS 115/14(a)). If IDOL or a court orders payment, the employer also pays IDOL a fee of $500 (up to $3,000 owed), $750 (over $3,000 and under $10,000) or $1,250 ($10,000 or more). If the employer does not pay within 15 days of a demand or 35 days of an order, it also owes the state 20% of the amount and owes you 1% per day until paid (820 ILCS 115/14(b)). For unpaid minimum wage or overtime under the Minimum Wage Law, a court awards three times the underpayment, plus 5% per month, costs and attorney's fees (820 ILCS 105/12(a)).

Can my employer fire me for filing a wage claim in Illinois?

Your employer may not fire or punish you for complaining to the employer, IDOL, a public hearing or a community organization that you were not paid correctly, or for starting or testifying in a wage case. You can recover through an IDOL claim or a lawsuit (820 ILCS 115/14(c)). Retaliation for a minimum wage or overtime complaint is also a crime (820 ILCS 105/11(c)).

Employer still won't pay? Small claims court is often the next step for amounts under the state limit.

Small claims in Illinois
Sources

Last checked: Oct 2026.

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