Illinois law gives you the right to recover your owed wages for several years. Usually 3 years prior to the date that you file a lawsuit or a claim to recover them. A complaint must be filed within one year after wages or final compensation is due. This claim is filed with the Illinois Department of Labor but a lawsuit may also be filed in federal court.

For example, suppose you filed a minimum wage lawsuit on January 1, 2018. In that case, you could only recover your owed minimum wage from January 1, 2015, to the present. Even if your company owes minimum wage from 2013 and 2014. In this example, you can still only recover wages from January 1, 2015, and forward.

You have the right to recover your owed minimum wages for 2 years prior to the date you file a lawsuit. There is a chance of 3 years if your employer purposely violated the law.

Can I receive interest or penalties in addition to the wages I am owed?

Yes. Under Illinois law, you may receive an additional 5% of the underpaid wages for each missing month of payment. Under federal law, you can receive up additional penalties.

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