Ayala & Williams, LLC
Ayala & Williams, LLC
Law Offices of Ayala & Williams
Unlawful Deductions
Illinois workers enjoy strong protections against unauthorized deductions from their wages. Generally speaking, employers cannot make deductions from an employee's wages unless those deductions are: (1) required by law; (2) to the benefit of the employee; (3) in response to a valid wage assignment or wage deduction order; or (4) made with the express written consent of the employee, given freely at the time the deduction is made.
The right to work free of unauthorized deductions is protected under the Illinois Wage Payment and Collection Act. This Act has a broader test to determine who is an employee protected by it, rather than an independent contractor, than the law protecting employees' right to overtime pay. Therefore, even if you are a true independent contactor for purposes of being exempt from overtime pay, you may still be an employee under the Illinois Wage Payment and Collection Act, and enjoy special protections against unauthorized deductions.
POTENTIAL UNLAWFUL DEDUCTIONS
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Does your employer deduct the cost of uniforms, occupational health insurance, tools, technology or any other items from your paycheck, relying only on a notice you signed years ago?
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Does your employer make deductions from your wages that vary in amount each time without obtaining a separate authorization for each deduction?
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Does your employer deduct money from your wages as a penalty for missing a shift?
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Does your employer charge you for the cost of background checks?
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If you have experienced any of these scenarios, it is possible your rights have been violated and are still being violated. To explore what monetary and injunctive remedies are available to you, contact us.