Undocumented and Unpaid: Illinois Wage Theft Remedies

 Posted on October 11, 2025 in Immigration

While wage theft hits virtually every industry, the undocumented are often hit the hardest. Many immigrant workers put up with unpaid overtime and even withheld final paychecks because they fear retaliation or deportation if they speak up. Illinois law is very clear on this issue. Under the Illinois Wage Payment and Collection Act (820 ILCS 115), all workers are protected, regardless of immigration status.

Despite the constant flux in federal immigration laws, recent updates and enforcement initiatives have strengthened the rights of immigrants regarding wage theft, giving workers new ways to recover stolen wages, penalties, and even attorneys’ fees. An experienced Lombard, IL immigration attorney can help you determine whether you are the victim of wage theft, and, if so, the best way to recover those wages without risking removal.

What is Wage Theft?

Wage theft involves the illegal withholding of an employee’s earned wages or benefits by an employer. Employers who engage in wage theft are violating labor laws.  The most common types of wage theft include:

• Paying workers less than the legal minimum wage
• Having employees work more than 40 hours in a work week, but not paying overtime pay
• Requiring employees to work without pay before or after scheduled shifts
• Taking money from an employee’s pay that is not authorized and not legally permitted
• Misclassifying workers as independent contractors to avoid paying minimum wage, overtime, and other benefits
• Taking an employee’s tips or not ensuring they receive the full tipped minimum wage
• Denying earned benefits like vacations or holidays
• Not paying an employee for all hours worked

Some of Illinois’ immigrant-heavy industries, including construction, hospitality, agriculture, cleaning, and food service, have some of the highest rates of wage theft. Wage theft is a significant problem affecting millions of workers and resulting in billions of dollars in stolen wages annually.

It is often subtle but has severe financial and legal consequences for employees, who are entitled to fair compensation and benefits as required by labor laws. Employers frequently get by with wage theft from undocumented immigrants because of the power imbalance. Language barriers, a lack of documentation, and the fear of ICE discourage complaints about wage theft.

Wage Rights are NOT Affected in Illinois by Immigration Status

Both Illinois courts and the Department of Labor agree that workers are entitled to full payment for work performed, regardless of immigration status. The Illinois Department of Labor explicitly states that it does not inquire about immigration status during wage theft investigations.

Employers found guilty of wage theft can face 2 percent monthly interest on unpaid wages, plus civil penalties up to $1,500 per violation. Corporate officers or owners can also be held individually liable. Workers – both citizens and undocumented – cannot be threatened, terminated, or reported to immigration authorities for asserting their rights against wage theft. As of 2025, the Illinois Department of Labor investigates immigration-related retaliation with a new enforcement unit.

How Can Undocumented Workers File a Wage Theft Claim?

All evidence should be gathered, including time cards, pay stubs, witness statements, bank records, and any text messages or emails. The Wage Claim Application Form (Form 1) should be filed with the Illinois Department of Labor. No Social Security number is required to file a claim. Alternatively, workers can sue in circuit court to recover unpaid wages, penalties, and attorney’s fees. The statute of limitations in wage theft cases is 10 years, but the sooner a case is filed, the better the outcome is likely to be.

Contact a Naperville, IL Immigration Lawyer

If you are an undocumented worker in Illinois who was not paid fairly, you have rights under state law. On the flip side, with federal removals in full swing, it is easy to see why you would be hesitant to file a claim. Speaking to a highly skilled Lombard, IL immigration attorney is the best step you can take to make the right decision. Attorney Mevorah has been serving the needs of immigrants throughout Northern Illinois for more than four decades. Call 630-932-9100 today to schedule your free consultation.