How to file a wage claim

A wage claim is a request to a government office to make your employer pay wages it owes you. Filing with a state labor office or the US Department of Labor is free, and you don’t need a lawyer. This guide walks you through it, from your first notes to a decision.

1. Work out what you are owed

Start with the basics: every hour you worked must be paid at least at the minimum wage (federal $7.25, and more in many states), and most hourly workers must get 1.5 times their regular rate for hours over 40 in a workweek. A few states also count overtime by the day. If you were promised more than the minimum wage, you are owed the promised rate.

Our wage-theft calculator does the math with your state’s minimum wage and overtime rules. Also count any final paycheck you never got, tips your employer kept, and money taken out of your pay that you never agreed to.

2. Gather your records

You don’t need perfect paperwork. The US Department of Labor asks for this information when you file (Information you need to file):

• your name, address and phone number;
• the company’s name, location and phone number, and the manager’s or owner’s name;
• the type of work you did;
• how and when you were paid (cash or check, every Friday, and so on);
• pay stubs, your own records of hours worked, and anything else about how you were paid.

Your employer must keep records of your hours and pay (Fact Sheet #21), but keep your own: a notebook or phone notes with dates, start and end times and amounts paid. Save texts, schedules and photos.

3. Ask your employer in writing

A short, polite letter that names the amount and a deadline often gets you paid without a claim. It also helps later: in some states a written demand matters for penalties or attorney fees. In Colorado: If your employer does not pay within 14 days after your written demand or a Notice of Complaint, it can owe a penalty of double the unpaid wages or $1,000, whichever is greater; if the violation was willful, triple the wages or $3,000, whichever is greater (C.R.S. In Minnesota: If final wages are not paid within 24 hours after your written demand, the employer owes a penalty of one day's average pay for each day late, up to 15 days, plus the wages (Minn.

Use our free demand letter. Keep a copy and proof of when you sent it.

4. Choose where to file

Your state labor office. Most states have an office that takes wage claims for free. State offices can apply state rules: a higher minimum wage, daily overtime, final paychecks, illegal deductions and state penalties. Find yours on your state’s page. Some offices set a maximum amount: Alaska: $20,000; Arizona: $12,000; Arkansas: $2,000. Above the limit, you go to court.

The US Department of Labor. The Wage and Hour Division (WHD) takes complaints about the federal minimum wage and overtime in every state. Call 1-866-487-9243; you will be directed to the nearest office (How to file a complaint). In Alabama, Florida, Georgia, Louisiana and Mississippi, there is no state wage-claim program, so federal complaints and court are the main options.

Court. You can also sue your employer. For smaller amounts, small claims court is simple and inexpensive; see Small Claims Map for your state’s rules.

5. What happens after you file

Each state works a little differently. Many send your claim to the employer and then hold a meeting (a conference) to try to settle it; if that fails, a hearing officer may decide. Your state’s page explains its process.

At WHD, an investigation usually includes a meeting with the employer, private interviews with workers, a review of the employer’s records and a final meeting. If back wages are owed, the investigator asks the employer to pay them (US DOL). If WHD recovers wages but can’t find you, it holds them for three years; you can search for them in the Workers Owed Wages tool (US DOL).

6. Don’t miss the deadline

Under federal law you generally have 2 years to recover unpaid minimum wage and overtime, or 3 years if the violation was willful (Handy Reference Guide). State deadlines vary. In Texas: TWC wage claim: within 180 days after the date the wages were due. See deadlines by state and file as early as you can.

Your rights while you file

• Your employer can’t legally fire or punish you for filing a complaint or cooperating with an investigation (Fact Sheet #77A).
• WHD keeps complaints confidential (US DOL).
• WHD enforces the law without regard to immigration status, and its services are free whether you are documented or not (US DOL).