How to Get Unpaid Wages From an Employer

Wage theft takes many forms: unpaid overtime, off-the-clock work, minimum wage violations, illegal deductions, withheld tips or a missing final paycheck. The law gives workers several ways to recover.

Step 1: Gather records

• Pay stubs and bank deposits
• Your own record of hours (calendar notes, texts, app data)
• Schedules, timesheets and emails about hours
• Offer letters or policies stating your rate
• Final paycheck details

Even if the employer kept poor records, your reasonable estimate can be used.

Step 2: Ask in writing

Send a short, dated request listing the pay periods, hours and amount owed. Keep a copy. Sometimes errors are fixed quickly.

Step 3: File a wage claim

• US Department of Labor, Wage and Hour Division: handles federal minimum wage and overtime violations. Complaints are confidential, and filing is free (DOL).
• State labor department: many states have stronger wage laws, final paycheck rules and faster claim processes. Find your state's final paycheck rule under state laws.

Workers are protected regardless of immigration status for work already performed (DOL Fact Sheet 48).

Step 4: Small claims or lawsuit

Small amounts can be pursued in small claims court; see how small claims court works. Larger or group claims are often filed as lawsuits or collective actions.

What you can recover

Under the FLSA, workers can recover unpaid minimum wages or overtime plus an equal amount as liquidated damages, and reasonable attorney fees (29 U.S.C. 216(b)). Many state laws add penalties for late or unpaid wages.

Deadlines

FLSA claims must be filed within two years, or three years for willful violations (29 U.S.C. 255). State deadlines are often longer.

Retaliation is illegal

Employers cannot fire or punish you for complaining about wages. See retaliation at work.

Misclassification

If you were treated as an independent contractor or as exempt but should not have been, you may be owed overtime. See misclassification.

Many employment lawyers take wage cases because fee-shifting laws make the employer pay attorney fees when workers win.

Sources

1. U.S. Department of Labor: How to file a complaint
2. Cornell Law School LII: 29 U.S.C. 216(b), Damages; right of action
3. Cornell Law School LII: 29 U.S.C. 255, Statute of limitations
4. U.S. Department of Labor: Fact Sheet 48, Application of U.S. labor laws to immigrant workers