What is the Illinois wage claim statute of limitations?

1 year IDOL administrative; 10 years private suit (IWPCA), running from the date wages were due. Each missed paycheck is a separate claim with its own SOL.

What form do I use to file a Illinois wage claim?

Wage Claim Application, filed with the Illinois Department of Labor. SynthCounsel hosts the official .gov source PDF and re-verifies it nightly.

Can I file in state and federal court at the same time?

Yes. The Illinois state wage claim runs separately from the federal FLSA claim (2-year SOL, 3 if willful). You can file both. Discrimination claims also run on a separate EEOC clock (180 days; 300 in deferral states).

All states

Illinois · Labor & employment

How to file a wage claim in Illinois.

Filed with the Illinois Department of Labor. Form: Wage Claim Application. Statute of limitations: 1 year IDOL administrative; 10 years private suit (IWPCA).

Statute of limitations

1 year IDOL administrative; 10 years private suit (IWPCA)

Final pay deadline

No later than the next regularly scheduled payday.

Damages

5% per month penalty + attorney fees + costs. IWPCA allows class actions.

Calculate your specific deadline

Enter the date wages were due → get the deadline for Illinois, federal FLSA, EEOC charge, and NLRB ULP.

Open SOL calculator

What this form covers

Illinois Wage Payment & Collection Act gives one of the strongest private rights of action — file in state court for full IWPCA remedies.

File the form

The Wage Claim Application is the canonical wage-claim form for Illinois. SynthCounsel hosts the official .gov source PDF and re-verifies it nightly. Free preview, $9 to fill via wizard, or unlimited on the Pro / Firm tiers.

Fill the form — $9.99 All Labor & Employment forms

Filing more than this one form?

The Wage Claim Application is one piece. Most wage cases also need a demand letter, a federal DOL parallel filing, an EEOC charge if there’s a discrimination angle, and a trail of follow-up correspondence. Case Pass — $149/case covers unlimited forms, court documents, and deadline tracking for 12 months.

Compare plans

Federal options run in parallel

State wage claims don’t replace federal claims. The FLSA SOL (2 years; 3 if willful) runs separately from Illinois’s SOL, and you may file with the US DOL Wage & Hour Division for federal minimum-wage and overtime violations. For discrimination claims, the EEOC charge clock starts at 180 days (300 days in deferral states like CA, NY, IL, etc.).

· FLSA wage claim: DOL WH-31
· EEOC discrimination charge: EEOC Form 5
· NLRB unfair labor practice: NLRB-501
· OSHA workplace hazard: OSHA-7

Wage claim guides for nearby states

California

Division of Labor Standards Enforcement (DLSE) · SOL 3 years (Lab. Code § 1194)

Texas

Texas Workforce Commission (TWC) Labor Law Section · SOL 180 days from when wages were due (Texas Payday Law)

New York

NYS Department of Labor · SOL 6 years (NY Labor Law § 196)

Florida

Florida Commission on Human Relations (employment discrimination only) · SOL 365 days for FCRA discrimination charges

Utah

Utah Labor Commission, Wage Claim Unit · SOL 2 years (Utah Code § 34-28-9)

Arizona

Industrial Commission of Arizona Labor Department · SOL 1 year (state); 2 years FLSA (3 if willful)

See all 21 state guides

Free tool

Wage SOL calculator

All four parallel deadlines (state, FLSA, EEOC, NLRB) from one date.

Free tool

EEOC charge wizard

Build a Form 5 narrative if your wage claim involves discrimination.

This is general information, not legal advice. Wage-payment statutes change frequently. Confirm the current form, SOL, and damages framework with the Illinois Department of Labor or a licensed Illinois attorney before filing.