Plain-English explanation.
Wage theft can involve missing pay, unlawful deductions, unpaid commissions, off-the-clock work, or altered records. The strongest analysis usually starts before the legal label. It starts with the timeline, the documents, the people involved, and the consequences. GB Law looks for the facts that show what changed, who made the decision, and whether the record supports the stated reason.
For clients, these matters can affect income, references, discipline, certification, professional standing, and future work. The goal is not to overstate a claim. The goal is to understand whether the facts support a serious legal strategy and whether the matter is a fit for direct attorney attention.
Does this sound familiar?
- Hours you worked are not showing up on your paychecks.
- You worked through meal breaks but the time was deducted automatically.
- Pre-shift setup, post-shift cleanup, or work emails after hours went unpaid.
- Tips were pooled with managers or kept by the employer.
- Your employer made deductions for uniforms, training, or shortages.
- Your final paycheck or earned commissions were withheld after you left.
- You were paid below the Chicago minimum wage or the Illinois minimum wage.
What the law may protect.
The Fair Labor Standards Act sets the federal minimum wage and overtime rules. The Illinois Minimum Wage Law sets a higher state minimum wage. The Illinois Wage Payment and Collection Act governs the timing and method of wage payments, final paychecks, commissions, and bonuses. The Chicago Minimum Wage Ordinance and the One Fair Wage Ordinance add city-specific protections. Remedies can include unpaid wages, liquidated damages equal to the unpaid amount, statutory penalties (2 percent per month under the IWPCA), prejudgment interest, attorney fees, and personal liability for officers and managers.
Different deadlines and procedures can apply depending on whether the matter involves a private employer, public employer, agency proceeding, wage claim, constitutional claim, or administrative decision. That is why early review matters.
What evidence should you save?
- Pay stubs for the relevant period.
- Time records, timesheets, punch logs, or app records.
- Schedule documents and shift assignments.
- Employment offer letter showing pay rate and classification.
- Job description and a list of your actual duties.
- Records of off-the-clock work (work emails sent after hours, on-call records).
- Bank statements showing actual deposits if pay stubs differ.
Deadlines to know.
FLSA claims have a two-year statute of limitations, three years for willful violations. The Illinois Wage Payment and Collection Act has a ten-year statute of limitations for written contracts and five years for oral. Chicago and Cook County ordinance claims have their own deadlines. Filing earlier preserves more back-wage damages.
Questions people ask.
Am I owed overtime if I am paid a salary?
Not automatically. Salary alone does not make an employee exempt. An exempt employee must meet both a salary test and a duties test under the FLSA. Many salaried workers are entitled to overtime.
Can I sue if I am classified as an independent contractor?
Yes, if you are actually an employee. Courts apply multifactor tests focused on the economic realities of the relationship, not the label.
Can my employer make me work off the clock?
No. Time spent on work-related tasks, including pre-shift setup, post-shift cleanup, and meal breaks interrupted by work, is generally compensable.
What about unpaid commissions?
Commissions are wages under Illinois law. Earned commissions must be paid according to the agreement, and final commissions are due at separation.