820 ILCS 115/4
All wages earned by any employee during a semi-monthly or bi-weekly pay period shall be paid to such employee not later than 13 days after the end of the pay period in which such wages were earned
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(820 ILCS 115/4)
(from Ch. 48, par. 39m-4)
Sec. 4.
All wages earned by any employee during a semi-monthly or bi-weekly
pay period shall be paid to such employee not later than 13 days after
the end of the pay period in which such wages were earned. All wages
earned by any employee during a weekly pay period shall be paid not
later than 7 days after the end of the weekly pay period in which the
wages were earned. All wages paid on a daily basis shall be paid insofar
as possible on the same day as the wages were earned, or not later in
any event than 24 hours after the day on which the wages were earned.
Wages of executive, administrative and professional employees, as
defined in the Federal Fair Labor Standards Act of 1938, may be paid on
or before 21 calendar days after the period during which they are
earned.
The terms of this Section shall not apply, if there exists a valid
collective bargaining agreement which provides for a different date or
for different arrangements for the payment of wages.
Employers shall pay to workers on strike or layoff, no later than the
next regular payday, all wages earned up to the time of such strike or
layoff.
Any employee who is absent at the time fixed for payment, or who for
any other reason is not paid at that time, shall be paid upon demand at
any time within a period of 5 days after the time fixed for payment; and
after the expiration of the 5 day period, payment shall be made upon 5
days demand. Payment to the absent employee shall be made by mail if the
employee so requests in writing.
All wages and final compensation shall be paid in lawful money of the
United States, by check, redeemable upon demand and without discount
at a bank or other financial institution readily available to the
employee, by deposit of funds in an account in a bank or other financial
institution designated by the employee, or by a payroll card that meets the requirements of Section 14.5.
No employer may designate a particular financial institution, bank, savings
bank, savings and loan, or currency exchange for the exclusive payment or
deposit of a
check for wages. No financial institution, bank, savings bank, savings and
loan, or currency exchange shall refuse to honor a check for wages that
exclusively designates, in violation of this Section, a particular bank,
savings bank,
savings and loan, or currency exchange as the exclusive place of payment or
deposit except to the extent the bank, savings bank, savings and loan, or
currency exchange is otherwise excused from honoring the check under
Section 3-111 of the Uniform Commercial Code because the bank, savings bank,
savings and loan, or currency exchange is not the drawee or the maker of the
check.
(Source: P.A. 98-862, eff. 1-1-15.)
Notes of Decisions
Cited in 13
cases (4 in the last 5 years), 1997–2025 · leading case: Clemons v. Mechanical Devices Co.
Clemons v. Mechanical Devices Co. (1998)
“" 820 ILCS 115/4 (West 1994). At the close of evidence, the trial court allowed plaintiff to amend his complaint.”
Kostecki v. Dominick's Finer Foods, Inc. (2005)
“The Wage Law provides, in relevant part, that “no employer shall employ any of his employees for a workweek of more than 40 hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than IV2 times the regular…”
Clemons v. Mechanical Devices Co. (1997)
“" 820 ILCS 115/4 (West 1994). Clemons worked Friday, July 28, and Saturday, July 29.”
Mercado v. S&C Electric Co. (2023)
“Finally, plaintiffs contend that the court should adopt the deadline for payment of wages found in the Illinois Wage Payment and Collection Act (Collection Act), which states that wages must be paid within 13 days after the end of a pay period.”
Majmudar v. House of Spices (India), Inc. (2013)
“820 ILCS 115/4 (West 2006). In the case of a separated employee, the employer must pay final compensation at the time of separation or no later than the next "regularly scheduled payday for such employee.”
Anderson v. Illinois Bell Telephone Co. (1997)
“§§ 1132 (a)(2) and (3) (Count V); and state law claims alleging common law breach of contract and violations of the Illinois Wage Payment and Collection Act, 820 ILCS 115/4, against Ameritech only (Count IV).”
Majmudar v. House of Spices (India), Inc. (2014)
“820 ILCS 115/4 (West 2006). In the case of a separated employee, the employer must pay final compensation at the time of separation or no later than the next “regularly scheduled payday for such employee.”
Graham v. Village of Dolton (2023)
“820 ILCS 115/4, 115/9 (West 2016). The purpose of the IWPCA is to provide an employee with a cause of action against his employer for the payment of wages owed to them without risk of retaliation from his employer.”
Kostecki v. Dominick's Finer Foods, Inc. (2005)
“The Wage Law provides, in relevant part, that "no employer shall employ any of his employees for a workweek of more than 40 hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than 1 1/2 times the regular…”
Wiseman v. Santiva, Inc (2021)
“IWPCA FAILURE TO PAY IN A TIMELY MANNER The Court denies Plaintiffs’ motion for summary judgment pursuant to 820 ILCS 115/4 because there are no allegations in Plaintiffs’ complaint relating to such a claim.”
Roman v. Triton Logistics, Inc. (2025)
“” 820 ILCS 115/4; see also Costello v. BeavEx, Inc.”
Clemons v. Mechanical Devices Co. (1998)
“” 820 ILCS 115/4 (West 1994). At the close of evidence, the trial court allowed plaintiff to amend his complaint.”
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