Minimum Wage Violations

Every worker is owed at least the minimum wage for every hour worked. When you’re paid less — in any form — the law lets you recover the difference and more.

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What is minimum wage violations?

A minimum wage violation is when an employer pays you less than the legally required minimum for the hours you work. It can be direct — an hourly rate that’s too low — or hidden, through unpaid time, illegal deductions, or tip-credit abuse that drops your effective pay below the minimum.

Minimum wage violations aren’t always as obvious as a low hourly rate. Often your rate looks fine, but something else drags your real pay below the line.

How minimum wage violations show up at work

  • Your hourly rate is below the legal minimum

  • Unpaid off-the-clock hours drag your effective rate down

  • Illegal deductions push you below minimum wage

  • Tip-credit rules are misused to underpay you

  • You’re paid a flat “day rate” that doesn’t meet the minimum per hour

  • You’re misclassified to avoid minimum wage rules

  • You’re paid in cash below the legal rate

  • Required unpaid training or prep time lowers your real hourly pay

Federal and state protections

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The minimum wage is a floor — and in Minnesota and Illinois, it’s higher than the federal one.

Federal

The Fair Labor Standards Act (FLSA) sets the federal minimum wage as a national floor and requires that workers be paid at least that rate for every hour worked. Employers can’t use deductions, unpaid time, or other tactics to drop your effective pay below it.

Minnesota

Minnesota requires a minimum wage higher than the federal rate, and the rate can vary by employer size and adjusts over time. Minnesota generally doesn’t allow a tip credit, so tipped workers are owed the full state minimum wage on top of tips.

Learn more

Illinois

Illinois requires a minimum wage higher than the federal rate, and it increases on a set schedule. Chicago and Cook County set their own, even higher minimum wages. Illinois workers paid below the rate that applies to them may be owed the difference.

Learn more

Not sure which law applies to your situation? That’s what we figure out with you.

Minimum wage in Minnesota and Illinois

The federal minimum wage is only a floor — your state, and even your city, may require more.

If you’re paid the federal minimum in a state that requires a higher one, you’re being underpaid — and you may be owed the difference for every hour you worked.

  • Minnesota

    Requires a minimum wage above the federal rate. The exact figure can depend on the size of your employer and adjusts over time. Minnesota also generally bars the tip credit, so tipped workers must receive the full state minimum on top of their tips.

  • Illinois

    Requires a minimum wage above the federal rate, rising on a scheduled basis. On top of that, Chicago and Cook County set their own higher minimum wages, so where you work within Illinois matters.

Because these rates change and vary by location and employer size, it’s easy for workers to be underpaid without realizing it. If your pay looks low for where you work, we can help you check it against the rate that actually applies to you.

When you’re paid below the minimum wage, the law lets you recover the shortfall and often more:

  • The difference between what you were paid and the legal minimum
  • Liquidated damages — often equal to the shortfall, effectively doubling it
  • Penalties against the employer under state or local law
  • Interest on what you’re owed
  • Attorney’s fees and costs

Every case is different. What you can recover depends on the facts, the law, and the employer’s conduct.

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*Prior results do not guarantee a similar outcome.

How we handle minimum wage violation cases

Every case starts with a free call. We listen first. If you have a case, we tell you what it looks like — what’s likely to happen, how long it might take, what’s realistic. If you don’t have a case, we tell you that too and try to point you toward someone who can help.

On contingency, you pay nothing unless we win.

Attorneys who handle these cases

Meet the full team
Shawn Wanta, Founding Partner at Wanta Thome

Shawn Wanta

Founding Partner

Recognized among the nation’s Top 100 Civil Plaintiff and Top 10 Wage and Hour attorneys, a determined litigator fighting for workers in class and collective actions.

Admitted in MN · IL

Joni Thome, Founding Partner at Wanta Thome

Joni Thome

Founding Partner

Drawing on 25 years of representing professionals and managers, a steady advocate for employees facing discrimination, harassment, and retaliation in the workplace.

Admitted in MN

Suzanne Heywood, Attorney at Wanta Thome

Suzanne Heywood

Attorney

Driven by her own encounters with corporate unfairness, a tenacious champion focused on protecting the rights, livelihoods, and futures of hardworking professionals.

Admitted in IN · IL · MI

Luke Molvarec, Attorney at Wanta Thome

Luke Molvarec

Attorney

Forged by his background as a Marine, an unwavering defender fighting to level the playing field and secure meaningful financial recovery for unfairly treated workers.

Admitted in IL

Common questions about minimum wage violation

  • What is the minimum wage where I work?

    It depends on your state, and sometimes your city. Minnesota and Illinois both require more than the federal minimum, and Chicago and Cook County require even more. The rate can also depend on your employer’s size. We can help you pin down the exact rate that applies to you.

  • Is a flat “day rate” legal?

    Only if it works out to at least the minimum wage for every hour you actually worked — including overtime where it applies. If your day rate divided by your hours comes out below the minimum, or ignores long days, it may be an unlawful underpayment.

  • Can my tips count toward minimum wage?

    It depends on the state. Minnesota generally doesn’t allow a tip credit, so you’re owed the full state minimum on top of tips. Illinois allows a regulated tip credit, but your base pay plus tips must still reach the full minimum. Misused tip credits are a common source of violations.

  • What if I’m paid in cash below minimum wage?

    You’re still legally owed at least the minimum wage. Being paid in cash doesn’t lower the rate you’re entitled to — and an employer paying under the table can’t use that to avoid the law. You may be owed the difference for every hour worked.

  • Can I be fired for raising a minimum wage issue?

    No. Retaliating against you for asking about or claiming proper pay is illegal. If your employer cut your hours, demoted you, or fired you after you raised it, that’s a separate violation on top of the underpayment itself.

See all unpaid wages FAQs

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Common questions

How far back can I claim unpaid minimum wages?

Federal claims generally reach back two years, or three for willful violations, with state deadlines that can differ. Because older wages drop off as time passes, it’s best to act sooner rather than later.

How much does it cost to hire a wage lawyer?

For most cases, nothing upfront. We work on contingency, and in many wage cases the law requires the employer to pay your attorney’s fees on top of what you recover. The first call to find out if you have a case is free.

My rate is above the federal minimum. Could I still be underpaid?

Yes. Minnesota and Illinois both require more than the federal minimum, and Chicago and Cook County require even more. A rate that clears the federal floor can still fall below the one that actually applies where you work.

Can a group of coworkers bring a minimum wage claim together?

Yes. When an employer underpays one worker, it usually underpays everyone in that role the same way. These cases can be brought collectively, which can make them stronger and share the effort. If your coworkers are affected too, mention it when we talk.

What if my effective pay drops below minimum only some weeks?

That can still be a violation. Minimum wage generally has to be met in each workweek, so weeks where unpaid time, deductions, or extra hours pull you below the line can each give rise to a claim, even if other weeks are fine.