Illinois Wage & Hour Claim Calculator

Wage and hour claims in Illinois are governed by the federal Fair Labor Standards Act (FLSA) and by Illinois's own wage laws, whichever is more protective. The most common violations are unpaid overtime (time-and-a-half over 40 hours a week), misclassifying employees as exempt or as independent contractors, off-the-clock work, and minimum-wage shortfalls.

A powerful feature of wage law is that it often doubles the recovery: under the FLSA, unpaid wages can be awarded together with an equal amount in liquidated damages, and many states add their own penalties for willful violations. Prevailing employees are also typically entitled to attorney fees, so an Illinois wage claim can be worth substantially more than the raw unpaid wages alone.

The FLSA generally allows 2 years to recover back wages, extended to 3 years for willful violations. Illinois's own wage statute of limitations is about 3 years, in line with the national average of 3.6 years, and the longer applicable period usually controls — so the sooner you act, the more back pay you can recover.

You can pursue unpaid wages in Illinois even while still employed — retaliation for asserting wage rights is illegal under both federal and state law. Claims can go through your state labor agency, the U.S. Department of Labor's Wage and Hour Division, or a private attorney, and many wage cases proceed as collective or class actions when one policy affected multiple workers.

Breaks at work in Illinois, as recorded on a review of official state sources completed 2026-09-15. Meal break: required for adult workers, at least 20 minutes; when: 7 1/2 continuous hours; begins no later than 5 hours after start; another 20 minutes per additional 4 1/2 continuous hours. Meal break exceptions: Employees whose meal periods are set by collective bargaining; certain on-call monitors of individuals with disabilities; certain on-call private EMS employees. Rest break: none for adults generally; hotel room attendants in counties over 3,000,000: two paid 15-minute rest breaks per workday of at least 7 hours. If a required break is not given: Civil offense: damages to the employee up to $250 per offense (under 25 employees) or $500 (25 or more); each day without a required meal period is a separate offense. Hotel room attendants: 3 times regular hourly rate per workday.

Final paychecks in Illinois. If you are fired: at separation if possible, no later than the next regularly scheduled payday. If you quit: at separation if possible, no later than the next regularly scheduled payday. Unused vacation: earned, unused vacation must be paid out when employment ends. If the final paycheck is late: underpayment plus damages of 5% of the underpayment per month unpaid; costs and attorney fees in a civil action. A break that was never given or a final paycheck that arrives late can be part of a wage claim, and the break and final paycheck guide in the related reading below compares every state.