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A free scan shows the junk files, broken settings and background clutter dragging Windows down - then fixes them in one click.Free scan · Windows 10 & 11If you didn’t get paid for time you worked, start by documenting the hours and pay you expected, then contact the agency that handles the kind of wage claim you have. For covered federal minimum-wage or overtime violations, the U.S. Department of Labor’s Wage and Hour Division (WHD) takes complaints for free. Other unpaid wages—including some promised pay, commissions, and final-pay disputes—may need to be handled under state law. The right state agency and deadline depend on where you worked.
What to do first if you haven’t been paid
- Write down the details. For each day, record the date, start and finish times, meal-break duration, hours you believe are unpaid or short-paid, pay dates, amounts received, and how you were paid. If your employer isn’t keeping records of your hours or pay, make your own day-by-day log. The Department of Labor recommends this approach and offers the free DOL-Timesheet App for tracking regular hours, breaks, and overtime.
- Save evidence. Keep copies or photos of schedules, time records, pay stubs, checks, messages, and any written agreement or policy about pay. Note when and how each record was created; do not alter the originals.
- Identify the employer and the work. Gather the employer’s name, address, and phone number; the manager or owner’s name; your own contact information; what work you performed; when the pay problem occurred; and how and when you were paid. These are among the details WHD asks for when workers make a complaint.
- Choose a route based on the pay problem and work location. A federal WHD complaint may fit a covered minimum-wage or overtime issue. For other wage-payment issues, check the labor agency in the state where you performed the work. You can locate state labor offices through the Department of Labor’s state contacts directory.
- Act promptly. Federal filing periods and state deadlines differ. Do not wait to contact the relevant agency while you try to resolve the problem directly.
Which agency can handle the unpaid pay?
The kind of compensation matters. The federal Fair Labor Standards Act (FLSA) chiefly establishes minimum-wage and overtime protections for covered workers; it is not a general collection process for every amount an employer promised to pay. State laws may provide a route for claims that do not fit the federal rules.
| Type of pay issue | Possible route | Important qualification |
|---|---|---|
| Pay below the federal minimum wage or unpaid overtime | U.S. Department of Labor Wage and Hour Division | Coverage and employee exemptions matter. Federal rules do not apply identically to every worker. |
| Ordinary promised wages or commissions above FLSA requirements | State labor agency or another state-law process | DOL says the FLSA does not provide a wage-collection procedure for usual or promised wages or commissions beyond FLSA requirements. |
| Vacation, holiday, severance, or sick pay | Check applicable state law and the employer’s pay terms | The FLSA generally does not require these benefits; some states have laws that address them. |
| Final wages after leaving or being dismissed | Check the labor agency in the state where the work occurred | The FLSA generally does not require immediate payment of final wages. State rules can set different timing requirements. |
For covered, non-exempt employees, the federal minimum wage is $7.25 per hour, and FLSA overtime is generally 1.5 times the regular rate for hours worked over 40 in a workweek, according to the U.S. Department of Labor’s worker FAQ. These figures do not establish that every job is covered or that every worker qualifies for overtime.
How to file a complaint with the federal Wage and Hour Division
If your concern involves a potential FLSA minimum-wage or overtime violation, you can contact WHD online or by phone at 1-866-487-9243. The agency says it routes complaints to the nearest field office, which contacts the worker within two business days; the office discusses the issue and whether an investigation is appropriate. Filing a complaint and an investigation are free.
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- Visit WHD’s complaint page or call 1-866-487-9243.
- Provide your contact details and the employer’s name and contact information, along with your job duties, dates, and account of the pay issue.
- Share the records you have. If employer records are missing, explain that and provide your personal log and any supporting documents.
- Ask the WHD representative what happens next and whether the facts may fall within the agency’s authority.
WHD says its protections apply to covered, non-exempt workers without regard to immigration status. If you are unsure whether the federal law covers your situation, you can still ask the agency about the issue and check the state route.
Deadlines, confidentiality, and retaliation protections
The FLSA generally gives workers two years to bring a claim for a non-willful violation and three years for a willful violation, according to the Department of Labor’s FLSA FAQ. WHD advises contacting it as soon as possible so it has time to investigate before a federal deadline expires. State filing periods may be different; confirm the deadline with the agency where you worked.
WHD states that discussions and complaints are confidential and that it does not disclose a complainant’s name or the nature of the complaint. It identifies two exceptions: disclosure may be necessary to pursue an allegation with the worker’s permission, or a court may order disclosure. The agency also says workers may not be discharged or discriminated against for protected activity, such as asking about pay or hours, asserting workplace rights, filing a complaint, or cooperating with an investigation. Those protections do not mean retaliation cannot occur, so keep records of any adverse action and seek guidance promptly.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.If WHD already recovered wages for you
If the Department of Labor investigated your employer and recovered back wages, search the Workers Owed Wages application first by employer and then by your name. If you find a match, follow the agency’s instructions to submit contact information, a signed Back Wage Claim Form, and identity documentation. The Department estimates processing at approximately six weeks after it receives the form; that is an agency estimate, not a guaranteed payment date.
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