General information, not an assessment of any person's case.
Reading scope: Federal, Illinois, Chicago, Illinois
Sources read 2026-10-25. A retrieval date is not a certification that the law remains unchanged.
What the law generally says
The federal Fair Labor Standards Act sets a minimum of $7.25 per hour for covered, nonexempt employees. The U.S. Department of Labor says that when both federal and state minimum-wage laws apply, the worker is entitled to the higher rate. Read the U.S. Department of Labor minimum-wage FAQ.
Federal coverage can depend on the employer and the work performed. The federal agency also lists special rules for some tipped workers, young workers, full-time students, student-learners, and workers with disabilities. Those rules have conditions; this page does not decide whether one applies. See federal coverage and exception information.
The Illinois Department of Labor states that the Illinois minimum wage is $15.00 per hour for workers age 18 and older. Its page also lists a $9 tipped rate and a $13 rate for workers under 18 who work fewer than 650 hours in a calendar year, and it describes license-based subminimum programs for learners and certain workers with physical and mental limitations. Read Illinois Department of Labor minimum-wage information.
Chicago has its own Minimum Wage Ordinance. The City says its minimum wage applies to employers with four or more employees. As of July 1, 2026, the City lists $17.05 per hour and a $12.96 tipped rate for those employers. The City says an employer must make up the difference if a tipped worker’s wages plus tips do not reach the full minimum wage. Chicago also lists a separate rate for City contracts or concessionaire agreements. Read the City of Chicago minimum-wage page.
Rates can change. Chicago says its rate increases every July 1. Check the date, place of work, and official resource before relying on a rate. This page does not determine coverage, a tip credit, or an exemption for a particular job.
Signs this may be happening
These situations may be a reason to compare pay information with the official rule that may apply. They are not proof that a law was violated.
- Your pay statement and your own hours show an apparent hourly rate below the federal, Illinois, or Chicago rate that appears relevant to the work.
- You receive tips, but the cash wage and tips together do not appear to reach the full minimum wage required by the applicable rule.
- Your workplace is in Chicago and the rate on or after July 1 does not appear to match the City’s current published rate for an employer with four or more employees.
- You were told that a lower rate applies, but the explanation does not identify the specific special rule or program being used.
Special rules can matter, especially for tipped work, young workers, students, and licensed programs. Federal minimum-wage exceptions and Illinois rate information explain some of those limits. Chicago’s official page explains the City rate and tipped-worker makeup rule.
What to gather
Keep copies of information you already have a right to keep. The U.S. Department of Labor identifies pay stubs, personal records of hours worked, and information about pay practices as helpful for a federal wage complaint. The Illinois Department of Labor identifies job and pay details, communications, pay stubs, employment documents, and employer responses as examples of useful material.
- Pay stubs, pay statements, and information showing how and when you were paid.
- Your own notes about hours worked, schedule changes, and the location of the work.
- Messages or written instructions about pay, tips, or the rate offered.
- Any information you already lawfully possess about the employer, job, and pay practice.
Do not remove employer documents or confidential material you are not entitled to access. A complete record is not required before seeking general information. Read the federal complaint-information list. Read Illinois Department of Labor complaint preparation information.
Deadlines
Do not use this overview to calculate a deadline. The timing can depend on the law, the type of action, and the facts. For a federal civil action for unpaid minimum wages under the Fair Labor Standards Act, 29 U.S.C. § 255 generally states a two-year period after the claim accrues, with a three-year period for a willful violation. Read 29 U.S.C. § 255 from the Government Publishing Office.
For an Illinois Minimum Wage Law civil action, section 12 states that the action must be brought within three years from the underpayment. The next subsection gives the Illinois Department of Labor a different five-year period for an action it brings to recover unpaid minimum wages or overtime compensation. Those are statutory statements, not a calculation of a deadline for any individual. Read 820 ILCS 105/12.
An agency complaint is a different process from a civil action. The federal Wage and Hour Division describes a federal complaint process. Illinois describes a state workplace-complaint process and directs a worker whose work took place in Chicago to the City’s Business Affairs and Consumer Protection Department. Chicago lists 311, CHI 311, and a complaint form. The sources reviewed for this draft do not establish a single deadline for every administrative route. Prompt, qualified advice is important before relying on any time limit. Federal complaint process. Illinois complaint process. Chicago complaint options.
Sources and dates
Publisher and place: U.S. Department of Labor, Wage and Hour Division · Federal.
Read: 2026-10-25.
Displayed date or version: No publication or update date displayed in retrieved text.
Source limits: Agency FAQ and general-information page, not a personal coverage determination. No publication or update date was displayed in the retrieved text.
Publisher and place: Illinois Department of Labor · Illinois.
Read: 2026-10-25.
Displayed date or version: No publication or update date displayed in retrieved text.
Source limits: Agency guidance identifies rates and selected special-rate programs. It does not determine whether the Illinois Minimum Wage Law applies to a particular worker or employer.
Publisher and place: City of Chicago, Business Affairs and Consumer Protection · Chicago, Illinois.
Read: 2026-10-25.
Displayed date or version: Rates stated as of July 1, 2026.
Source limits: The city page states a scope threshold and rate effective date. It also identifies a separate rate for City contracts or concessionaire agreements; this packet does not determine which City provision applies to an individual.
Publisher and place: U.S. Department of Labor, Wage and Hour Division · Federal.
Read: 2026-10-25.
Displayed date or version: No publication or update date displayed in retrieved text.
Source limits: This is agency preparation guidance for a federal Wage and Hour Division complaint. It does not establish coverage, liability, a remedy, or a deadline.
Publisher and place: Illinois Department of Labor · Illinois.
Read: 2026-10-25.
Displayed date or version: No publication or update date displayed in retrieved text.
Source limits: This is administrative complaint-process guidance. It does not state a universal deadline and does not decide whether any complaint or civil action is appropriate.
Publisher and place: U.S. Government Publishing Office · Federal.
Read: 2026-10-25.
Displayed date or version: United States Code, 2024 Edition.
Source limits: The retrieved official text is the United States Code, 2024 Edition. This packet does not calculate accrual, willfulness, tolling, coverage, or the deadline for any person.
Publisher and place: Illinois General Assembly · Illinois.
Read: 2026-10-25.
Displayed date or version: Source: P.A. 103-182, eff. 6-30-23; 103-201, eff. 1-1-24; 103-605, eff. 7-1-24.
Source limits: The subsections concern differently described civil actions. This packet does not determine which subsection, if any, applies to a reader or whether another limitation rule changes a deadline.
Publisher and place: U.S. Department of Labor, Wage and Hour Division · Federal.
Read: 2026-10-25.
Displayed date or version: No publication or update date displayed in retrieved text.
Source limits: This is federal administrative complaint-process guidance. It does not establish coverage, liability, a remedy, or a filing deadline.
Publisher and place: U.S. Government Publishing Office (GovInfo); U.S. Code prepared by the Office of the Law Revision Counsel · Federal.
Read: 2026-10-26.
Displayed date or version: 2024 U.S. Code edition, Title 29, section 255; official GovInfo link resolved to the 2024 section PDF on October 26, 2026. This edition is not a certification of later legal changes.
Source limits: For mixed federal/state or court/agency claims, this result supports only the federal section-255 component, not the separate state or agency proposition. For the retaliation hold, it supports the statement that section 255's stated subject is the listed wage, overtime, and liquidated-damages actions; it does not determine whether another limitations rule applies. The displayed-date limit does not establish absence of later changes. Research support only, not attorney approval.
Read the scope and exceptions beside each explanation. These links do not replace review of personal facts or qualified legal advice.