How to File a Wage Claim

Wage theft — the failure to pay workers their earned wages — is one of the most common employment law violations. Federal and state laws provide remedies.

Common wage violations:

Not paying minimum wage

Not paying overtime

Not paying for all hours worked (off-the-clock work)

Illegal paycheck deductions

Not providing final paycheck on time

Misclassifying employees as independent contractors

Not paying commissions or bonuses as agreed

How to file a wage claim:

Document your claim. Gather pay stubs, time records, employment agreements, and any written communications about pay.

File with your state labor agency. Most states have a wage and hour division that accepts claims online, by mail, or in person. Filing is typically free.

Alternatively, file with the federal DOL. The Wage and Hour Division of the U.S. Department of Labor investigates violations of the Fair Labor Standards Act (FLSA).

Investigation. The agency investigates, contacts your employer, and attempts to resolve the claim.

Hearing or lawsuit. If unresolved, you may have a hearing or file a private lawsuit.

Time limits. Federal claims under the FLSA have a 2-year statute of limitations (3 years for willful violations). State deadlines vary.

Remedies. You may recover unpaid wages, liquidated damages (double the amount owed in some cases), penalties, interest, and attorney's fees.

Protection from retaliation. It is illegal for your employer to fire or punish you for filing a wage claim.

This is legal information, not legal advice.