Legal Question in Employment Law in Illinois

Doesn't sound like it because even if wait staff can be paid less if you are expected to be doing other jobs it should be compensated accordingly. However, things are tough today. So you can assert your legal rights and if the boss is a jerk you'll be looking for another job really fast or be on unemployment until you do (and there's no way of knowing if the boss will fight your claim on some goofy grounds like insubordination or something) even if one day down the line you may be vindicated.... So right now the thing to do is find another job and thank your current boss for time served, and in the interim think about talking with your boss about being willing to help if you can get something out of it too. No guarantees - you could be on the street fast. And then all you have are legal rights to sue.....even if it is for retaliatory discharge. We're an "at will" state -- you can go anytime and the boss can fire you any time, for any, or NO reason, unless it violates the law, and even if so then you're on the outside proving the violations......

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.

This is clearly illegal. Federal and Illinois law protect you against retaliation for filing a complaint for violations of wage payment laws. However, as Mr. Messutta stated above, you run the risk of being fired if you file a complaint. But the laws also allow for a separate cause of action should you be retaliated against by your employer for filing a complaint. Additionally, the law allows for you to recover your attorney fees as well as liquidated damages for minimum wage law violations. I'm happy to chat with you on the phone and talk about the claims--I routinely represent both employees and employers on these types of claims.