By Cary Shepherd on 2026-06-09
Wage theft rarely looks dramatic. It is fifteen minutes of unpaid prep before every shift, overtime paid at the regular rate, or a final paycheck that never arrives. Over months, those small amounts add up to real money. The challenge is proof, and proof is a data problem.
Know the Basics
- Overtime. Under the federal Fair Labor Standards Act, most hourly employees must be paid one and a half times their regular rate for hours over 40 in a workweek. Some salaried employees are exempt, but a job title alone does not make someone exempt.
- All hours worked. Time spent working before clocking in or after clocking out generally counts.
- Final pay. Illinois law requires employers to pay final compensation to departing employees no later than the next regularly scheduled payday.
- Deadlines. Wage claims have time limits. Under the federal law, claims generally must be brought within two years, or three for willful violations.
Your Own Records Are Evidence
Employers are supposed to keep accurate time records, but you do not have to rely on theirs. Useful evidence includes:
- Pay stubs and bank deposits.
- Schedules, shift-swap messages, and texts from managers asking you to come in early or stay late.
- Your own notes of start and end times, written at the time.
- Phone location history or app logs showing when you arrived and left.
Let AI Do the Math
This is where AI tools help. Upload your pay stubs or type in your hours and ask an assistant to build a spreadsheet: hours worked each week, hours paid, overtime owed, and the difference. Ask it to flag weeks where the numbers do not add up. A clear week-by-week table turns a vague complaint into a concrete claim.
Always double-check the calculations yourself, and keep the original documents.
Retaliation Is Illegal
It is unlawful for an employer to fire or punish you for asserting your rights to unpaid wages. If that happens, document it immediately.
Where to Turn
Workers can file wage claims with the Illinois Department of Labor or the U.S. Department of Labor, and some claims are best brought in court, especially when many workers are affected. Data-driven analysis is at the heart of how we build cases at Shepherd Law: patterns across pay periods and across coworkers can reveal systemic underpayment. If you think you are owed wages, contact us.
This article is general information, not legal advice. Every situation is different; for advice about yours, contact us.