Wage theft takes many forms, such as unpaid overtime, off-the-clock work and withheld tips. You can often recover what you are owed, sometimes with extra damages.
Build your record
- Pay stubs and schedules.
- Your own log of hours and tasks.
- Messages about work and pay.
- Names of coworkers who can confirm.
- Job offer letter and policies.
Send a demand letter
- State your name, dates of employment and the amount you believe you are owed.
- Explain the basis, such as unpaid overtime hours.
- Give a deadline, such as 10 days.
- Send it by a method that proves delivery.
- Keep a copy.
File a claim
- State labor agency wage claim, usually free.
- U.S. Department of Labor Wage and Hour Division for federal violations.
- Small claims court for smaller amounts in some states.
- A lawsuit, often with a lawyer on contingency, for larger claims or group claims.
Deadlines and protections
Federal claims generally have two- or three-year limits, and state limits vary. Retaliation for filing is illegal. See our guide to unpaid wages and overtime.
Frequently asked questions
Can I recover more than my back pay?
Some laws allow additional damages and attorney fees.
Do immigration status or cash pay matter?
Wage laws generally protect workers regardless of immigration status or payment method.