A guide about your fundamental rights and how to navigate worksites better
by Abena Bediako, Roger Fierro, Sebastián Hidalgo, Erika Perez and Sarah Conway, City Bureau; and Harold De Jesus, Latino Union
Para la versión en español de este artículo, haga click aquí.
Welcome to Chicago, where you have the right to work in a safe environment and get paid. Every worker is entitled to legal protections in Illinois, regardless of immigration or work authorization status. In short, a workplace cannot break its agreement with you, refuse to pay, threaten, or force you to work in unsafe conditions.
However, laws are only helpful if they are enforced, and we understand how difficult it can be to advocate for yourself as an individual worker.
Whether you can band together with fellow workers to support one another or get help from organizations like Latino Union, we hope this guide can provide critical information about your rights and navigating day labor and one-off jobs.
WORK COMPENSATION
What if my agreement with an employer is verbal rather than in writing? Do they still have to honor it?
Illinois recognizes both written and oral contracts as valid, meaning it is technically legally binding if someone promises you a specific pay rate. Still, it is easier to prove if you have the information in writing, so try to get it from your employer when possible.
What is the minimum wage?
It is the lowest hourly wage a workplace can pay an employee. Everyone has the right to be paid minimum wage, even without legal immigration status. Tipped workers, like servers at restaurants, get paid a lower hourly wage in many places.
Local minimum wages:
Illinois: $14 per hour ($15 starting in 2025)
Chicago: $15 per hour
Indiana: $7.25 per hour
Wisconsin: $7.25 per hour; workers under the age of 20 can be paid a $5.90 "opportunity wage" during the first 90 days
What if I was not paid the minimum wage for my work?
If the work occurred in Chicago, you may file a complaint with the city by calling 311 or going to 311.chicago.gov. You can also file an Online Wage Claim Form with the Illinois Department of Labor. You don’t have to do this alone: Organizations like Latino Union can help you file.
What is wage theft?
Wage theft can take many forms in Illinois. It includes:
Not being paid for all hours worked, minimum wage, or overtime work
Illegal pay deductions, including being charged for health and safety protective gear
Not being compensated for costs associated with injuries or illnesses suffered on the job
Being misclassified as an independent contractor when you are performing the work of an employee (See the independent contractor section)
If you are experiencing wage theft, you can recover your money or file a lawsuit. You can file a wage theft complaint with Chicago’s Office of Labor Standards by dialing 311 on your phone or at chicago.gov/laborstandards and the Illinois Department of Labor at labor.illinois.gov/unpaidwages. You can also file a civil suit with a legal aid or private attorney. In some cases, an employee may recover up to three times the amount of the underpayment, plus costs and attorney’s fees.
What is the difference between an independent contractor and an employee?
Two of the most common employment classifications are employee and independent contractor. It is illegal for a company to misclassify you, and this is one of the most common forms of worker exploitation in Illinois.
If a worker is called an independent contractor, the company does not have to provide overtime pay or benefits such as unemployment and workers’ compensation.They also do not make deductions for taxes or Social Security. However, sometimes, workplaces exploit independent contractors and have them work as employees without providing the related benefits.
Some of the differences between employees and independent contractors:
Pay: Employees are usually paid by the hour; contractors are paid by the job or by commission.
Hours: Employer sets an employee’s hours; a contractor sets their own hours.
Tools: An employer provides and employee with tools and equipment; a contractor provides their own.
Taxes: Payroll taxes are withheld from an employee’s paycheck; taxes are not withheld from a contractor’s pay, or they might be paid in cash.
Example: A hairdresser working for a beauty salon is an employee; a hairdresser rending a chair at a salon is a contractor.
WORK CONDITIONS
How can I stay safe while doing day labor?
Know you have options. While standing up for yourself as an individual is possible, there is safety in numbers. Building a network of support with your fellow workers at a worksite or in the Home Depot parking lot can make it easier to advocate for your rights as a group. This means working with your co-workers and advocates to fight for your rights as workers.
Worker centers like Latino Union can support you by connecting you with other workers experiencing similar issues, filing a complaint on your behalf, or sharing insight on organizing your workplace.
How can we support one another as day laborers and one-off job workers?
Here are some tips:
Form a network with other workers on the job. It could be a Whatsapp group or having a co-worker you check in with at your worksite.
Discuss collectively the lowest hourly pay rate you are all willing to accept. For instance, you might agree to work for at least $20 per hour.
Consider electing one person or a core group of workers who will be the leaders of your worksite.
Identify problematic employers who may have not paid wages, maintained unsafe worksites, or threatened day laborers, and collectively agree not to work with them.
Document your work. Write down information about jobs in a notebook or start a group chat and share your location and other important information, such as:
Job location
Employer name
A photo of the employer’s license plate
Required work for the day
Number of requested work hours (Write down the time of day you start and stop working)
Pay rate
Know that documenting your work agreements can make it easier to pursue a complaint or legal charges if you are a victim of wage theft, worker exploitation, or human trafficking.
If you continue to work for an employer for more than one day, ask for their phone number so you can document your agreements:
You can say, “Please tell me the location and address of where I will be working, how many hours I need to work, and how much I will be paid per hour.”
What if someone goes out on a job and never returns?
If someone you know goes missing, go to the nearest Chicago Police station in person and ask to file a missing person report. Once a police officer takes your report, request a police car to where the missing person was last seen to gather evidence.
Anyone can file a missing person report for someone, regardless of immigration status or how you know them. You do not have to be related or be their caregiver. Police cannot refuse to file a missing persons report under any circumstances or delay a report, including asking you to wait any time, such as 24 hours.
What if a worksite is unsafe?
Take note of employers who may not supply you with protective clothing or gear, like a hard hat, rubber boots with steel toes, or eye protection. If you take single-day jobs, you can refuse to continue your work.
If you were not told of unsafe working conditions before you arrive at a job, you can report unsafe day labor employers to the Illinois Department of Labor through a Day and Temporary Labor Service Act complaint. Otherwise, you can report unsafe working conditions to the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) at osha.gov/workers/file-complaint. (See the labor complaint section)
I feel like someone is exploiting, threatening me, or forcing me to repay a debt unfairly. What should I do?
Human trafficking is when someone uses force, fraud and coercion to exploit your labor and often force you into debt to them or to manipulate you into working for low wages or for free. It’s illegal in the United States. Someone may say you cannot leave a job or threaten you with harm, such as reporting you to immigration authorities or the police if you don’t do what they say.
It’s tricky to recognize and remove yourself from. It can happen anywhere, from day labor sites to private homes, doing housework, working in factories, or begging on the street.
You have options: You can call the National Human Trafficking Resource Center at 888-373-7888 or seek free legal aid to pursue one of two visas available to immigrant survivors of crime: a T visa or a U visa.
How do I make a labor complaint?
The Illinois Department of Labor does not ask about workers' immigration/work authorization status or report any information to immigration authorities. If you are the victim of a labor crime and file a complaint, the department may provide a certification for a U visa or T visa.
You can file a complaint about:
Wage theft
Child labor
Overtime
One day rest in seven
Safety and hazard
Employee sick leave
Paid leave complaint
You can submit a claim online in English or Spanish at labor.illinois.gov/complaints. If you are worried about filing a complaint, you can file it anonymously or allow a third party, like a worker center, to do so on your behalf.
Can children legally work in Illinois?
Some can, but there are rules. Illinois Child Labor Law regulates how children under the age of 16 work. Employers can hire 14- and 15-year-olds, but they must work in a safe environment not during school hours or before 7 a.m. or after 7 p.m. Children can only work up to six days in a row and must get a 30-minute meal break for every five hours worked. The total time spent at work and school can be eight hours each day.
Children can also earn less, including in Illinois, where workers under 18 can be paid $12 an hour (which will increase to $13 in 2025).
What is considered a dangerous work environment for a child in Illinois?
It includes working:
Near power-driven machines (except ice cream shops)
In hazardous factories
With materials such as explosives, alcohol, oil and gas, spray paint, lead or other dangerous chemicals
In metalwork, woodwork, laundry, construction, and meat or fish processing
If you encounter a child working in these conditions, you can report this to the Illinois Department of Labor. Remember, it will only take enforcement action against the employer, not the child or family. (See the labor complaint section)
POLICE INTERACTIONS
What should I do when I interact with the police?
Any police officer, on or off duty, cannot disrespect or verbally or physically mistreat any member of the public, regardless of your immigration status, according to the Chicago Police Department Rules of Conduct.
You have the right to record any police officer when they are working, as long as you maintain a safe distance.
On-duty and off-duty police officers must identify themselves by their name, rank, and star number when asked. This includes police who work a second job as store security.
The police can only stop and investigate you if they have cause. You can ask why you are being stopped.
If the police stop you, you can ask if you can leave.
If you are arrested, ask for your right to a lawyer, remain silent, and do not sign anything until your representative arrives.
If you receive a phone call from someone you know who is under arrest, inform them of their Miranda Rights and collect as much information as possible (location of where they are being held, their full legal name, etc.)
What are my Miranda Rights?
Miranda Rights refer to a person’s rights to remain silent and access legal counsel before any questioning by law enforcement. Regardless of citizenship status, everyone in the U.S. has these rights, and law enforcement officers must verbally share this information with you during an arrest or before you are questioned:
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”
You may waive these rights, but this choice must be voluntary and after you receive all the information you need. Ask for an attorney when in police custody before answering any questions.
What if I get arrested? What should I do?
If you or someone you know is in police custody or a county jail, collect any information about where they are being held. If they cannot afford an attorney, a public defender will be assigned to represent them.
Securing legal representation is critical. If you or someone you know is in law enforcement custody in Chicago or any other city or town in Cook County, call the Public Defender’s Arrest Hotline at 844-817-4448. It operates 24 hours a day, 365 days a year, and an attorney will come to the police station to represent you for free. Friends and family can call as well.
What should I do if a police officer harmed me?
If an on-duty or off-duty police officer physically harms you during an interaction, you should immediately call 911 to file a police report. You can also file an official complaint, which is essential documentation of police misconduct and violence.
How can I file a complaint against a police officer?
The Civilian Office of Police Accountability (commonly known as COPA) investigates all allegations against police officers for excessive force, domestic violence, verbal abuse, bias and coercion involving violence involving members of the Chicago Police Department. COPA documents complaints of other forms of misconduct and sends them to the Chicago Police Department’s Bureau of Internal Affairs. There are several ways to register a complaint. Translation services are available upon request (Third-party organizations like Latino Union can also help you with filing):
Call COPA at 312-743-COPA
Visit the COPA office, located at 1615 W. Chicago Ave., Chicago, Illinois, 4th floor, from 9 a.m. to 7 p.m. File a complaint online at chicagocopa.org/complaints
What does it mean for Chicago to be a “sanctuary city”?
Chicago’s Welcoming City Ordinance means local government cannot ask about your immigration status, disclose that information to immigration authorities, or, most importantly, deny you city services based on your immigration status.
It also means the Chicago Police Department cannot cooperate with U.S. Immigration and Customs Enforcement (ICE) in its efforts to arrest and deport undocumented immigrants.
All city-provided services and benefits are available to all Chicagoans, regardless of immigration status. Call 311 to connect with supportive services (immigration, health, youth and family services, and more) throughout the city. Resources are provided in Spanish.
RESOURCES
Illinois Coalition for Immigrant and Refugee Rights: The Family Support Network helps immigrants throughout Illinois with social services and support in legal aid, policy updates, financial assistance and law enforcement issues. 855-435-7693, icirr.org
Illinois Legal Aid Online: A 24/7 online tool for finding legal services, representation and resources. illinoislegalaid.org
Latino Union of Chicago: A worker center that builds power with day laborers, household workers and other contracted workers through free education, advocacy and organizing. 312-491-9044; WhatsApp: 312-492-4574; latinounion.org
Legal Aid Chicago: Free civil legal services to people living in Cook County (which includes Chicago). Helps victims of crime gain protective status, including applying for U visas (for victims of mental or physical abuse), VAWA (for victims of domestic violence) and T visas (for victims of human trafficking). Client Screening Unit: 312-341-1070, legalaidchicago.org
National Human Trafficking Hotline: A confidential, 24/7 hotline to help you access help and services. 888-373-7888, or text “HELP” to 233733; humantraffickinghotline.org
Raise the Floor Alliance: A coalition of worker centers in Chicago focused on wage theft, retaliation, discrimination, health and safety. Can also provide legal support. raisetheflooralliance.org
The Resurrection Project: A nonprofit serving immigrants in Chicago with legal services, education and advocacy. 312-666-1323, resurrectionproject.org
This guide has also been printed as a handout for migrants and other day laborers. It was produced through our Civic Reporting Fellowship in collaboration with Latino Union. Support City Bureau’s Civic Reporting programs by becoming a recurring donor today.
This guide is available to republish under a Creative Commons license. Read City Bureau’s guidelines here.