When Does my Employer Have to Pay me and What do I do if They are not Doing it on Time?

Many employment laws and regulations are designed to ensure employers don’t take advantage of their employees. Some of those laws include when and how your employer should pay its employees.

In Illinois, an employer must pay an employee by check or in the discretion of the employee by direct deposit or a debit card (subject to very strict guidelines). When an employer pays its employees, it is required to show in writing the (1) hours worked, (2) rate of pay, (3) overtime pay, (4) overtime hours, (5) gross wages, (6) an itemization of deductions, and (7) wages and deductions year to date.

In Illinois, employers are required to pay most non-exempt employees “semi-monthly,” however, some employees that are exempt under the overtime provisions of the FLSA need only be paid once a month.  The amount of time an employer has to pay wages depends on the payroll schedule.

  • Semi-monthly or bi-weekly – 13 days after the end of the pay period
  • Weekly – 7 days after the end of the pay period
  • Daily – within 24 hours
  • Executive, Administrative, or Professional Exempt Employees – 21 days

If your employer has not paid you on time, you should take into consideration these steps:

  1. Contact your employer: In order to ensure there is no confusion on either end, you should contact your employer, in writing, and ask for the salary or wages owed. You should document the wages you believe you have not been paid.
  2. Consider your options: If the wage theft continues, you should consider your options. You can file a complaint with the Federal Department of Labor (minimum wage and overtime violations), Illinois Department of Labor (minimum wage, overtime violations, non-payment of wages) or even the Chicago Department of Business Affairs (minimum wage and overtime violations in Chicago). You should also consider contacting an experienced Employment Lawyer at Maduff Law.

It is important to understand that there are many laws in place to protect the rights of employees and their right to timely payment. If you are being taken advantage of by an employer, be sure to contact us at Maduff Law to ensure you are safe and well taken care of.