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Illinois Payday

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Is there a law in Illinois that a worker must be paid on payday?

Not surprisingly, it’s a violation of state and federal minimum wage laws when an employer fails to pay on payday. Why? Because, by paying nothing, that employer is paying less than the minimum wage.

So the answer is yes. According to most state laws (as well as federal law) it is illegal not to pay workers on payday.

Employers have the right to determine what day is payday. But once it’s promised, it must be honored.

Workers who have not been paid by payday should contact the wage and hour division of the labor department in their state. The name of those divisions may vary from state to state.

Federal law also applies, of course. The federal minimum wage is controlled by the Fair Labor Standards Act (FLSA) of 1938. If a worker has not been paid on payday, she or he should contact the Labor Department’s Wage and Hour Division, which will enforce the law. Employees who are entitled to payment may call the Division at 866-487-9243.

The federal law has its limits. For example, it applies only to firms with revenues exceeding a half-million dollars annually, or engaging in interstate commerce.

But more significantly, because the failure to pay is specifically a violation of the minimum wage law, the federal government will only collect up to the amount covered by the law – which is currently $5.85 an hour. Employees who were promised paychecks larger than the minimum wage may have to hire an attorney to collect the difference. They may also fight for the money through small claims court.

In some instances, states come to the rescue. Some states have passed laws mandating that employers must make good on promised wages or salaries, even when they are in excess of the minimum wage. They may also require companies to pay promised benefits.

But if the state does not have such a law, the worker may have to hire an attorney.

The federal law applies to any workers involved in interstate commerce. That involves not only those manufacturing such products, but who take and make out-of-state phone calls, and who handle mail or order products from out of state. JH