Vermont · Unpaid wages · Updated Oct 2026
Vermont wage claims: how to get your unpaid pay
Not paid for all your hours, no overtime, or no final paycheck? Here is Vermont’s minimum wage, the final-paycheck rules, the deadlines and where to file, in plain English.
Where to file in Vermont
Wage claims in Vermont go to this state office. Filing is usually free.
- Office
- Vermont Department of Labor, Wage and Hour Program
- Phone
- 802-951-4083
For federal minimum wage and overtime you can also contact the US Department of Labor, Wage and Hour Division: 1-866-487-9243. How federal claims work.
How to file a wage claim in Vermont
Gather your records
Dates and hours worked, your pay rate, pay stubs or bank deposits, texts or schedules, and the employer's name and address.
Ask in writing first (optional)
A demand letter gives your employer a deadline to pay and shows you tried. Use the free letter on this page.
File with Vermont Department of Labor
File a wage claim with the Vermont Department of Labor's Wage and Hour Program using the online wage claim form, or contact the Wage and Hour office (802-951-4083, [email protected], 63 Pearl Street, Burlington) for help. A copy of your claim goes to the employer, who must answer within 10 days. The Commissioner investigates, tries to settle, and if that fails issues a written determination and collects the money for you; either side can appeal within 30 days to an administrative law judge. Filing is free.
Watch the deadline
File a wage complaint with the Department of Labor within 2 years after the wages were due (21 V.S.A. § 342a(a)). Federal FLSA claims: 2 years (3 if willful).
Minimum wage and overtime in Vermont
Vermont's minimum wage is $14.42 an hour from January 1, 2026, for employers with two or more employees. It goes up every January 1 by the smaller of 5% or inflation (21 V.S.A. § 384(a)(1)). Tipped workers in hotels, motels, tourist places and restaurants who get more than $120 a month in tips may be paid $7.21 an hour in cash, but the employer must make up the difference if tips do not bring them to $14.42.
- Minimum wage (2026)
- $14.42
- Tipped cash wage
- $7.21
Overtime
Vermont requires 1.5 times your regular pay for hours over 40 in a workweek (21 V.S.A. § 384(b)). But the state overtime rule does not cover workers at retail or service businesses, hotels, motels, restaurants, some seasonal amusement businesses, and some others; many of these workers are still covered by the federal FLSA's 40-hour rule. No general daily overtime (some hospitals and nursing homes may instead pay overtime after 8 hours a day or 80 hours in two weeks).
Paydays: Every week, for wages earned up to 6 days before payday; the employer may instead pay every two weeks or twice a month after giving notice to employees (21 V.S.A. § 342(a)).
Your final paycheck in Vermont
- If you are fired or laid off
- Within 72 hours after you are fired.
- If you quit
- On the next regular payday, or if there is no regular payday, on the following Friday.
- Law
- 21 V.S.A. § 342(b)
When was your final paycheck due in Vermont?
Enter how your job ended and your last day of work. We show your state’s rule and, when the rule is a simple number of days or your next payday, the date.
Penalties your employer may owe
If the Commissioner finds your employer willfully held back your wages, the employer can be ordered to pay up to twice the unpaid wages in addition, and half of that extra goes to you (21 V.S.A. § 342a(d)). If you sue, an employer that broke the payday rules owes you twice the unpaid wages plus costs and reasonable attorney's fees (§ 347); for minimum-wage violations, you recover twice the minimum wage owed minus what you were paid, plus costs and attorney's fees (§ 395). The state can also fine the employer up to $5,000 (§ 345).
Retaliation and immigration status
Your employer may not fire or punish you because you complained about a wage-and-hour violation or helped an investigation; you can sue for lost wages, reinstatement, compensatory and punitive damages, and attorney's fees (21 V.S.A. § 397).
Federal law also makes it illegal to fire or punish you for filing a wage complaint or cooperating in an investigation (US DOL Fact Sheet #77A).
The US Department of Labor’s Wage and Hour Division enforces federal wage law without regard to immigration status, and its services are free and confidential whether you are documented or not (US DOL).
Deductions and tips
A tipped worker's tips must bring them up to the full $14.42 for every hour of the week, or the employer must pay the difference; the most the employer can count as a tip credit in 2026 is $7.21 an hour (Vermont 2026 minimum wage poster).
Good to know in Vermont
- Most Vermont employers must pay every week; paying every two weeks is allowed only after notice to workers (21 V.S.A. § 342(a)).
- Corporate officers who knowingly and willfully take part in not paying wages can be personally liable for the wages (21 V.S.A. § 345(a)).
- An agreement to work for less than the minimum wage is no defense for the employer (21 V.S.A. § 395).
Forms
Wage-theft calculator for Vermont
Work out what you should have been paid: at least the minimum wage for every hour, plus overtime. Then compare it with what you got.
Free demand letter for unpaid wages
A short, firm letter asking your employer to pay what it owes by a deadline. Many workers get paid at this step, and in some states a written demand starts penalties or makes the employer pay your attorney fees later. Fill this in, then download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail or an email you keep.
Questions about wage claims in Vermont
Where do I file a wage claim in Vermont?
With Vermont Department of Labor, Wage and Hour Program. Phone: 802-951-4083. File a wage claim with the Vermont Department of Labor's Wage and Hour Program using the online wage claim form, or contact the Wage and Hour office (802-951-4083, [email protected], 63 Pearl Street, Burlington) for help. A copy of your claim goes to the employer, who must answer within 10 days. The Commissioner investigates, tries to settle, and if that fails issues a written determination and collects the money for you; either side can appeal within 30 days to an administrative law judge. Filing is free.
What is the minimum wage in Vermont in 2026?
Vermont's minimum wage is $14.42 an hour from January 1, 2026, for employers with two or more employees. It goes up every January 1 by the smaller of 5% or inflation (21 V.S.A. § 384(a)(1)). Tipped workers in hotels, motels, tourist places and restaurants who get more than $120 a month in tips may be paid $7.21 an hour in cash, but the employer must make up the difference if tips do not bring them to $14.42.
Does Vermont have daily overtime?
Vermont requires 1.5 times your regular pay for hours over 40 in a workweek (21 V.S.A. § 384(b)). But the state overtime rule does not cover workers at retail or service businesses, hotels, motels, restaurants, some seasonal amusement businesses, and some others; many of these workers are still covered by the federal FLSA's 40-hour rule. No general daily overtime (some hospitals and nursing homes may instead pay overtime after 8 hours a day or 80 hours in two weeks).
When is my final paycheck due in Vermont if I'm fired?
Within 72 hours after you are fired.
When is my final paycheck due in Vermont if I quit?
On the next regular payday, or if there is no regular payday, on the following Friday.
How long do I have to file a wage claim in Vermont?
File a wage complaint with the Department of Labor within 2 years after the wages were due (21 V.S.A. § 342a(a)). Federal FLSA claims: 2 years (3 if willful).
What can my employer owe besides my wages in Vermont?
If the Commissioner finds your employer willfully held back your wages, the employer can be ordered to pay up to twice the unpaid wages in addition, and half of that extra goes to you (21 V.S.A. § 342a(d)). If you sue, an employer that broke the payday rules owes you twice the unpaid wages plus costs and reasonable attorney's fees (§ 347); for minimum-wage violations, you recover twice the minimum wage owed minus what you were paid, plus costs and attorney's fees (§ 395). The state can also fine the employer up to $5,000 (§ 345).
Can my employer fire me for filing a wage claim in Vermont?
Your employer may not fire or punish you because you complained about a wage-and-hour violation or helped an investigation; you can sue for lost wages, reinstatement, compensatory and punitive damages, and attorney's fees (21 V.S.A. § 397).
Employer still won't pay? Small claims court is often the next step for amounts under the state limit.
Small claims in Vermont- 21 V.S.A. § 342 - Weekly payment of wages
- 21 V.S.A. § 342a - Investigation of complaints of unpaid wages
- 21 V.S.A. § 347 - Forfeiture
- 21 V.S.A. § 384 - Minimum wage and overtime
- 21 V.S.A. § 395 - Civil actions
- 21 V.S.A. § 397 - Retaliation prohibited
- Vermont Department of Labor: Rights and Wages
- Vermont Minimum Wage Poster 2026
Last checked: Oct 2026.