The Illinois Wage Payment and Collection Act, 820 ILCS 115/1 et seq. (the “Wage Act”) provides powerful remedies against employers and other persons who fail to pay wages and final compensation to employees.
Section 14 of the Wage Act provides: “Any employee not timely paid wages, [or] final compensation . . . by his or her employer as required by this Act shall be entitled to recover through a . . . civil action . . . the amount of any such underpayments and damages of 5% of the amount of any such underpayments for each month following the date of payment during which such underpayments remain unpaid. In a civil action, such employee shall also recover costs and all reasonable attorney’s fees.” 820 ILCS 115/14 (emphasis supplied).
The attorneys’ fee provision in the Wage Act should not be taken lightly by an employer. In fact, attorneys’ fees and the 5% per month statutory damage provision are mandatory under the Wage Act. In other words, if your are owed a bonus of $100,000 and are not paid that bonus for 18 months, you would have a claim under the Wage Act to recover the $100,000 unpaid bonus plus 5% per month statutory damages, which after 18 months would equal $90,000. Therefore, the employer would be subject to liability of $190,000, plus attorneys’ fees and costs. See e.g., Thomas v. Weatherguard Constr. Co., 2018 IL App (1st) 171238, ¶¶ 68-73 (holding the Wage Act unambiguously states that an employee “shall” recover costs and “all reasonable attorney’s fees” and affirming the trial court’s award of $178,449.97 in attorney’s fees and costs in addition to unpaid commissions of $9,226.52); Curet v. C&H Exterior Restorations, Inc., 2023 IL App (2d) 230030, ¶¶ 19, 36-37 (awarding past due commission, statutory damages and holding that the “[Wage] Act’s fee-shifting provision aims to protect ‘exploited workers from unscrupulous businesses’ by enabling employees to pursue a claim for wages without bearing the litigation costs” and that “[a]n award of fees and costs under the [Wage] Act is mandatory” and applies to all claims involving a “common core of facts” not just the Wage Act fees) (emphasis supplied) (internal citations omitted). Moreover, the Wage Act’s mandatory attorney fee and costs provision even applies to post-trial proceedings involving Wage Act claims, such as appeals. Jones v. Brandt Constr. Co., 2022 IL App (3d) 210389-U, ¶¶ 339-43 (affirming award of $135,540.80 in attorney’s fees and $20,776.02 in costs to plaintiff and remanding to afford plaintiff the right to recover additional attorney’s fees and costs incurred in litigating defendant’s appeal).
Attorney Antonio DeBlasio has been selected by Super Lawyers® in 2008 and in each year from 2014 through 2024. No more than 5% of Illinois attorneys receive this distinction. Mr. DeBlasio has over 30 years of experience as an Illinois attorney, representing businesses, individuals, employees, employers, estates and beneficiaries of estates in Illinois. For information on scheduling a consultation, call DeBlasio Law Group at (630) 560.1123, or you may reach us through our firm’s website at www.DGLLC.net/contact.