Whenever a mechanic, artisan, miner, laborer, servant or employee brings an action for wages earned and due and owing according to the terms of the employment, and establishes by the decision of the court or jury that the amount for which he or she has brought the action is justly due and owing, and that a demand was made in writing at least 3 days before the action was brought, for a sum not exceeding the amount so found due and owing, then the court shall allow to the plaintiff a reasonable attorney fee of not less than $10, in addition to the amount found due and owing for wages, to be taxed as costs of the action
(705 ILCS 225/1) (from Ch. 13, par. 13) Sec. 1. Whenever a mechanic, artisan, miner, laborer, servant or employee
brings an action for wages earned and due and owing according to the terms of
the employment, and establishes by the decision of the court or jury that
the amount for which he or she has brought the action is justly due and
owing, and that a demand was made in writing at least 3 days before the
action was brought, for a sum not exceeding the amount so found due and
owing, then the court shall allow to the plaintiff a reasonable attorney
fee of not less than $10, in addition to the amount found due and owing for
wages, to be taxed as costs of the action. (Source: P.A. 84-551.)
Notes of Decisions
Cited in 59
cases (8 in the last 5 years), 1993–2023 · leading case: Cress v. Rec. Servs., Inc., 795 N.E.2d 817 (Ill. App. Ct. 2003).
Cress v. Rec. Servs., Inc., 795 N.E.2d 817 (Ill. App. Ct. 2003). · cites it 3דFees Under the Wage Actions Act Plaintiff additionally contends that the trial court erred by denying him attorney fees pursuant to the Attorneys Fees in Wage Actions Act (Wage Actions Act) (705 ILCS 225/1 (West 2000)). The Wage Actions Act allows for the recovery of attorney…”
Dynak v. Bd. of Educ. of Wood Dale Sch. Dist. 7, 2020 IL 125062 (Ill. 2020). · cites it 2דCount II alleged plaintiff was entitled to reasonable attorney fees pursuant to the Attorneys Fees in Wage Actions Act (Wage Act) (705 ILCS 225/1 (West 2016)). Count III alleged plaintiff was entitled to attorney fees, costs, and damages pursuant to the Illinois Wage Payment and…”
Heatherly v. Rodman & Renshaw, Inc., 678 N.E.2d 59 (Ill. App. Ct. 1997). · cites it 6ד705 ILCS 225/1 (West 1994). In March 1996, finding that the Wage Actions Act did not apply to arbitration proceedings, the circuit court granted defendant's motion to dismiss with prejudice.”
Thomas v. Weatherguard Constr. Co., Inc., 2015 IL App (1st) 142785 (Ill. App. Ct. 2015). · cites it 2דPrior to the 2011 amendment, attorney fees could be sought in Wage Payment Act suits, under the Attorneys Fees in Wage Actions Act (705 ILCS 225/1 (West 2010)). The Attorneys Fees in Wage Actions Act provided a process to obtain attorney fees whenever an “employee brings an…”
Andrews v. Kowa Printing Corp., 814 N.E.2d 198 (Ill. App. Ct. 2004). · cites it 2דThe judgment also awarded plaintiffs David L. Kelley and Bruce M.”
Shramuk v. Snyder, 663 N.E.2d 468 (Ill. App. Ct. 1996). · cites it 7דThe plaintiff, Robert Alan Shramuk, appeals from the order of the circuit court of Du Page County dismissing his claim for attorney fees pursuant to section 1 of the Attorneys Fees in Wage Actions Act (the Act) (705 ILCS 225/1 (West 1994)). The defendant, Charles C.”
Landers-Scelfo v. Corp. Off. Sys., Inc., 827 N.E.2d 1051 (Ill. App. Ct. 2005). “705 ILCS 225/1 (West 2002). The Fees Act, unlike the Wage Collection Act, does not define “servant” or “employee,” which are the categories of worker relevant to plaintiff.”
Galasso v. KNS Companies, Inc., 845 N.E.2d 857 (Ill. App. Ct. 2006). · cites it 2ד705 ILCS 225/1 (West 2002). In his award, the arbitrator found that Nicholas and Jeffrey were “employees under the Illinois Wage Payment and Collection Act” (820 ILCS 115/1 et seq.”
Leister v. Dovetail, Inc., 546 F.3d 875 (7th Cir. 2008). “So any commissions that were due her before May 2000 (five years prior to the date the complaint was filed) are time-barred unless the limitations period is tolled. We add that another Illinois statute, the Attorneys Fees in Wage Actions Act, entitles the plaintiff who prevails…”
Anderson v. First Am. Grp. of Companies, 818 N.E.2d 743 (Ill. App. Ct. 2004). · cites it 2דDefendants continue to assert that plaintiff does not fall within the protection of section 1 of the Fee Act (705 ILCS 225/1 (West 2000)) because of his position as an executive employee.”
Zabinsky v. Gelber Grp., Inc., 807 N.E.2d 666 (Ill. App. Ct. 2004). “” 705 ILCS 225/1 (West 2000). The trial court denied plaintiffs petition for attorney fees, finding that plaintiff should have submitted the petition to the jury.”
Owen v. Vill. of Maywood, 2023 IL App (1st) 220350 (Ill. App. Ct. 2023). · cites it 2דSpecifically, plaintiff contends that the difference between the single and family health insurance premiums qualified as wages due under the Wage Payment Act (820 ILCS 115/2 (West 2018)), and additionally that he is entitled to attorney fees under the Wage Actions Act (705 ILCS…”
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