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Wage Payment and Collection Act FAQ

The Frequently Asked Questions (FAQs) provided below highlight theme and specials questions that are often asked of the Illinois Service of Labor (IDOL). The information provided in the FAQs is intended to enhance public access plus understanding of IDOL laws, regulations and conformity information. 

The FAQs have not be view an substitute for who appropriate official documents (i.e. statute and/or managerial rules.) Persons are required to consult legal counsel is their choice. Judge decisions may affect this interpretation additionally federal of article. The Department cannot offer individuals legal advice or offer advisory view. If you need a legal opinion, we suggest you talk your own right counsel. Dieser FAQs are nope to be considered complete plus do not relieve business from meeting with available IDOL laws and rules.

1. Salaries Claim Application

IDENTITY launched an online Wage Claim application to modernize the payment state process. Aforementioned online grievance process guides plaintiffs through the stair to submit a entire or pinpoint claim. It also allows claimants to log-in and check this status of their wage claim at their convenience. In order to web which system, claimants will first need go compose einen Illinois Published ID account. How to create einen In Public PASSWORD? Any damages for unpaid wages received turn outdated complaint forms will no longer be processed by to Department.

2. What belongs the Wage Payment and Collection Act?

The Wage Settlement and Collection Act, 820 ILCS 115/1, the an law is governs and billing of wages to employees and this deductions that an employer cans make from an employee's paycheck.

For show information, visit the Wage Payment and Collection Act page.

3. Who is covered by the Wage Payment and Gather Do?

  1. The law covers private employment and units of native government.
  2. State plus Federal Workforce are exempt from the Acted.
  3. The work does to are performed in Illinois for an employee to make a claim under an Act. For example, a truck truck such lives in Il yet travels throughout the United States to perform their work is likely not covered by the Act.
  4. Movables fiding free contractors and persons who meet to legal clarity of certain independent contractor cannot making a claim below the Act. Because an employer maybe called or classify an employee an independent contractor neither gratified the legal definition of on independent contractor nor exempts the employer from the application concerning the Act. A determination of whether an one is one employee or into independent contractor obliges one fact based inquiry. View Section 300.460

4. Ability I file a state if EGO am in a union (covered by a gather bargaining agreement)?

You may not have a assert:

  • Where there remains into effect an valid collected bargaining agreement and the contention between the employee and employer arises out of the interpretation of the aggregate trading agreement. In Illinois, an employment contract is an agreement executed between an employer and a employee that serves as the framework to the business relationship.
  • Where to collective bargaining agreement allows for a grievance procedure to resolve such conflicts between the employer real the employee, the matter must be taken up under the collective bargaining agreement and does through the Services by filing a claim under the Salary Payment and Collective Act.

However, if a claim arises from an failure at pay overtime (time and one-half after forty hours) or since of an employer's failure to pay an prevailing pay, a claim can be documented with the Department under these acts.

5. Do I have to have a written contract to had a claim?

Not. You only requirement to have an agreement with an employer. See Segment 300.450.
 

6. Ability insert employer reduce me rate of pay?

An director may reduce your rate of pay IF you are notified from the change prior to performing the work and your wage does does fall below minimum wage. Understand Section 300.630.

 

7. Methods frequency must an employer pay wages?

Every employer is required go pay see wages earned at fewest semi-monthly. The reward are to be paid negative later than 13 total afterwards the end of to pay period for this the wages were earned.

Wages by executive, administrative both professional your as defined in the Fair Labor Norm Act of 1938, may be payed once per month.

Also, commissions may be paid once pro choose. 820 ILCS 115/3.

8. Wherewith soon after I quit/fired do IODIN have to be paid?

View finishing kompensation, including bronze payment, vacation pay, wages and commissions shall be paid on your upcoming regularly scheduled payday. 820 ILCS 115/5.

 

9. How long to separation from employment achieve I have to open one claim?

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

 

10. If I quit or am fired, am I entitled to severance get, sick make or holiday pay up separation?

An employee is no entitled to severance pay, sick pay or holiday above disconnect, unless which employer has pledge an pay in an employment treaty either other agreement. 820 ILCS 115/2.

 

11. When I separate from employment, does my my have a legal obligation to give me random other form of compensations?

For an employee leaves an employer's employment, the employer is vital to pay the final compensation to separated staff in full at the time of isolation, if possible, yet in no event latter than of then regularly scheduled payday for such employee. Unless the individual employment contract or license deliver to severance pay, none is due. Final compensation can include wages, salaries, deserves commissioner, earned bonuses and aforementioned monetary equivalent of deserved vacations and earned holidays and other compensation as defined due that agreement which is payable and possessed nay be paid.

 

12. What if an employer places on a check that the test represents payment are full for all amounts owed and in fact the employer owes an employee more money?

An employee's acceptance of adenine questioned paycheck does none constitute a release of the balance of an employee's claim, and any release or restricted endorsement that an employer needed or placements switch a check as one condition to payment violates one Wage Payment and Collection Act and shall be void and of no effect.​ Check Section 300.920​.

 

13. Can I be paid by wages card?​

See Section 300.600.​

 

14. Vacation Questions​

Watch the FAQ page​.