Illinois Wage and Hour Laws
Get Paid What You're Owed
Are You Being Underpaid?
Illinois has established a comprehensive framework of wage and hour laws to protect workers' rights. These laws cover various aspects of employment, including overtime pay, mandatory breaks, and the handling of unpaid wages. As a tipped employee, you may be entitled to more than you think.
Get Paid Fairly Under Illinois Law
In Illinois, the tipped minimum wage is $9/hour as of January 1, 2025. Under the law, your total pay (tips + base wage) must equal at least $15/hour. If your tips fall short, your employer is legally required to cover the difference.
Additionally, employers cannot:
- Take a tip credit unless they display an Illinois Dept. of Labor approved poster
- Make you tip out managers or non-tipped staff
- Deduct costs for uniforms or equipment
- Cover "dine-and-dash" losses
- Refuse to pay overtime, regardless of your base rate
Call us at (800) 483-0998 to learn more about what our attorneys can do for you.
What Are Tipped Workers Entitled To?
As a tipped worker in Illinois, you have the right to:
- Earn at least $15/hour (base wage + tips)
- Receive 1.5x your regular rate for every overtime hour
- Keep your tips – no manager, supervisor, or owner can take them
- Avoid forced deductions for uniforms, shortages, or customer theft
- Get paid for every minute worked, even if it's before or after your shift
- Be protected from retaliation if you report a violation
Common Wage Violations in Illinois Restaurants
We've seen many cases of wage theft in Illinois restaurants. Some common examples include:
- Failing to display the mandatory Illinois Dept. of Labor approved poster
- Underpayment for non-tipped tasks
- Not receiving overtime pay or being paid $9/hour for OT hours
- Tip pooling with managers, supervisors, expos or back-of-house staff (illegal)
- Misclassification as salaried or independent contractor to avoid OT pay
- Forced to pay for uniforms or cover dine-and-dash bills
- Clocking out and continuing to work "off the clock"
- Not receiving final paychecks or break time
Get a Free Case Evaluation
Not sure if you're being paid legally? Talk to an attorney for free. We'll review your pay and let you know if you have a case.
Can I Sue My Employer for Wage Theft?
If your employer has violated wage or overtime laws, you can file a complaint or pursue legal action. You may be able to recover:
- Unpaid wages and overtime
- Tips wrongfully taken
- Penalties and attorney's fees
- Double damages in certain cases
How Our Illinois Wage and Hour Attorneys Can Help
Our experienced attorneys can:
- Review pay records and hours
- Determine if your rights were violated
- File a claim or lawsuit
- Fight for full compensation
Start Your Wage Claim Today
If you think your employer has underpaid you - even if it was “just a few dollars” - it’s worth a conversation. Many clients discover they’re owed much more than expected.
And remember: if they’re stealing from you, they’re probably stealing from everyone else too. Wage theft is rarely a one-time mistake - it’s often a pattern and it adds up quickly.
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