How to File an Unpaid Wages Claim

Your employer owes you money for unpaid overtime, work off the clock, or a final paycheck that never came. You have three main paths to recover it: file with the federal Department of Labor, file with your state labor agency, or file a private lawsuit. This guide covers the steps, deadlines, and what each path offers.

Step 01
Gather Documents and Set a Deadline

Collect everything that supports your claim: pay stubs, time records, emails about hours or pay, employment contracts, offer letters, tax forms (W-2 or 1099), and your own written log of hours and pay. If your employer’s records are incomplete or inaccurate, write down what you remember as soon as possible.

Estimate how much you’re owed. Unpaid overtime is calculated at your regular hourly rate for hours over 40 per week, multiplied by 1.5. Off-the-clock work is your regular hourly rate for all unpaid hours. Minimum wage shortfalls are the difference between what you were paid and the applicable minimum wage, multiplied by hours worked.

Know your deadline. Under the Fair Labor Standards Act, file FLSA claims within 2 years of the violation (3 years for willful violations). State deadlines vary: Texas has 180 days, California has 3 years, New York has 6 years. Once the deadline passes, you lose the right to recover those wages.

Step 02
Choose Your Path

Path A: U.S. Department of Labor (Federal Complaint)

The Wage and Hour Division investigates violations of the Fair Labor Standards Act including unpaid overtime, minimum wage violations, off-the-clock work, and misclassification.

How to file: Call 1-866-487-9243 or visit the WHD complaints page. Provide your name, contact information, employer details, description of your work, pay rate, dates and hours worked, and an estimate of what you’re owed.

Pros: Free. Confidential. No attorney required. Strong retaliation protections. Investigators have authority to examine employer records.

Important limitation: As of June 2025, WHD no longer pursues liquidated damages in settlements. You recover back pay only. Private litigation offers broader remedies.

Path B: State Labor Agency

Most states maintain a labor department or commissioner’s office for state wage claims.

Texas: File a Payday Law claim with the Texas Workforce Commission within 180 days of the date wages were due. The Payday Law covers timely payment of wages but does not cover overtime or minimum wage violations. For overtime, use federal FLSA process.

California: File with the Labor Commissioner’s Office within 3 years for wage claims under the California Labor Code.

New York: File Form LS223 with the Department of Labor within 6 years under Labor Law Section 663(e).

Pros: Covers state-specific violations. Some states award additional damages for wage statement violations or waiting time. Processing is often faster than federal investigation.

Limitations: Procedures and remedies vary by state. Some states require administrative remedies before private lawsuit is allowed. State agencies do not handle federal FLSA overtime claims.

Path C: Private Lawsuit

File in federal or state court through an attorney. Under the FLSA, a prevailing worker recovers back pay, liquidated damages equal to the back pay (doubling the recovery), attorney’s fees, and court costs. Many wage cases proceed as collective actions (FLSA) or class actions (state law), allowing workers with similar violations to join.

How to file: Consult with an employment attorney who handles wage claims. Many work on contingency – you pay no fees unless you win.

Pros: Strongest option for large claims, group violations, or misclassification. Recovers full range of available damages including attorney’s fees. Contingency arrangements are standard.

Limitations: More complex than agency complaints. Cases take months or years to resolve.

Step 03
Know the Deadlines

Step 04
Retaliation Is Illegal

Federal law prohibits employers from firing, demoting, or discriminating against an employee for filing a wage complaint, cooperating with an investigation, or testifying in a wage proceeding. This protection applies whether you file with the DOL, state agency, or private court.

Retaliation itself is a separate violation with its own damages including reinstatement, lost wages, liquidated damages, and attorney’s fees.

Step 05
What Happens After Filing

Federal complaint: WHD reviews your complaint and opens an investigation if warranted. Investigators contact the employer for records and may interview you and co-workers. If violations are found, WHD requests payment of back wages. Process typically takes several months.

State agency: The agency reviews your claim, may schedule a hearing, and may issue an order for payment. Timelines vary by state from several months to over a year.

Private lawsuit: The employer is served and must respond within 21 days. Discovery follows (exchange of documents and witness statements). Most cases settle through negotiation or mediation. Unresolved cases proceed to trial, typically taking one or more years.

Step 06
Consider an Attorney Consultation

You do not need a lawyer to file a complaint with the DOL or state agency. Many workers resolve claims without representation. But consulting an attorney offers advantages:

• Identifying the strongest filing forum for your specific situation.
• Recognizing overlapping claims (overtime, off-the-clock, misclassification) that a single agency complaint may not address.
• Evaluating whether a collective or class action would be more effective.
• Pursuing contingency representation with no upfront cost and employer-paid attorney’s fees if you win.

What You May Recover

Through the DOL: Back pay for wages owed. Liquidated damages are no longer pursued in settlements as of June 2025.

Through private lawsuit: Back pay, liquidated damages equal to back pay, attorney’s fees, and court costs. State laws may add longer statutes of limitations and additional penalties for wage statement or final paycheck violations.

The actual amount recoverable depends on the specific facts, the applicable law, and the evidence available. Prior outcomes do not guarantee similar results in other cases.

Next Steps

Act promptly. Filing deadlines are strict. Gather what documents you can. Decide whether the DOL, state agency, or private attorney best fits your situation. The strongest wage cases have written records and co-workers who experienced the same violation.

Josephson Dunlap, Lawyers for the Workers, represents employees nationwide in wage and hour matters. We offer confidential case evaluations at no cost. Many wage cases are handled on a contingency-fee basis.