Legal Question in Business Law in Illinois
Legal length of time to withhold pay after voluntary dismissal
I need to know how long, legally, my employer has to pay wages earned after quitting. My employer currently owes me pay for the last seven weeks. I want to leave my job, but need to know how long he legally has to pay me the money he owes me. Thank you for your help!
1 Answer from Attorneys
Re: Legal length of time to withhold pay after voluntary dismissal
The answer depends upon whether you are considered an "executive, administrative or professional," as those terms are defined in the Federal Fair Labor Standards Act of 1938, and in the accompanying regulations from the Department of Labor. If so, the employer has 21 days to pay you after the time period in which the wage was earned. Otherwise, under 820 ILCS 115/4 (an Illinois statute), the employer has 13 days from the time the wage was earned.
In any event, waiting seven weeks for pay (assuming it is an hourly wage) is violative of both provisions, whether you quit work or not.
Please feel free to contact me if you have any additional questions.
-- Kenneth J. Ashman; Ashman Law Offices, LLC; [email protected]; 312-648-1700
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