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If you think you have not been paid correctly, you can contact the U.S. Department of Labor’s Wage and Hour Division (WHD) by calling 1-866-487-9243 or submitting a concern online. WHD can answer questions and determine whether an investigation is appropriate; its complaint and investigation services are free. Start a personal record of your hours and payments even if you have no pay stubs or employer time records. The federal process is not the only option: state and local laws may provide additional protections, and the right agency and deadlines depend on where you worked.
What to do first if wages are missing
Write down what you believe is wrong before contacting an agency: the work dates, hours, pay rate if known, amounts you expected, amounts you received, and how you were paid. Keep the account factual. If you are unsure whether the problem violates a wage law, you can still ask WHD about your rights; contacting the agency to ask a question does not require you to arrive with a completed case or a stack of employer records.
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The U.S. Department of Labor says a worker can call or visit a Wage and Hour office to ask about the laws or file a complaint. WHD’s number is 1-866-487-9243; you can also submit a concern online through the Department of Labor’s Wage and Hour Division. A representative can discuss the situation and decide whether an investigation is appropriate. The agency does not charge workers for complaint or investigation services.
A wage complaint is a way to bring a possible violation to an enforcement agency’s attention; it is not a guarantee that the agency will open an investigation or that a particular amount will be recovered. If your concern involves a state or local wage right, identify that jurisdiction as well as the federal option.
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You do not have to be certain that a law was broken before asking a question. In its worker FAQ, the Department of Labor says, “You can call or visit any Wage and Hour Office to ask about the laws or file a complaint.” If you first want to understand your rights, you can contact WHD for information and then decide how to proceed.
Choose the agency that fits the problem and work location
WHD enforces federal wage-and-hour requirements, including the Fair Labor Standards Act (FLSA) minimum-wage, overtime, recordkeeping, and child-labor provisions, along with other federal labor protections. State and local laws may add protections, and employers generally must comply with both federal and applicable state law. Which agency to contact and which rules apply depend on the work location and the details of the job.
| Option | What it may address | What to check |
|---|---|---|
| U.S. Department of Labor, Wage and Hour Division | Federal wage-and-hour protections, including covered FLSA minimum-wage and overtime claims. | Whether the worker and job are covered, whether an exemption applies, and the federal deadline for the particular FLSA claim. |
| State or local labor agency | State or local wage protections that may supplement federal law. | The agency responsible for the place where the work occurred, its current intake method, the protections it enforces, and applicable deadlines. |
To identify the state or territory agency, use the Department of Labor’s state labor office directory or check the official labor department for the jurisdiction where you worked. Do not assume that the agency, form, minimum wage, or filing deadline is the same everywhere. The applicable state or local details cannot be determined without knowing where the work occurred.
When comparing the federal and state routes, check which wage law covers the problem, where the work occurred, how each agency currently accepts complaints, and what deadline applies. DOL notes that state laws can add protections and directs workers to state labor offices. It does not mean that every issue must be filed with both agencies, or that an intake procedure in one state applies in another; ask the agencies which route fits your situation.
Prepare the information WHD may ask for
WHD’s complaint checklist asks for identifying details about you, the employer, the work, and the pay. Gather what you can; the agency describes supporting records as helpful, not as a prerequisite to making contact. If you do not know the employer’s formal name, record identifying details from the worksite or a check and note where you worked.
- Your details: name and contact information.
- Employer details: company or employer name, address or worksite location, phone number, and manager or owner’s name if known.
- Work performed: the kind of work you did and where you did it.
- Dates and events: when the pay problem happened and which work periods or payments are involved.
- Pay arrangement: pay rate if known, how you were paid, when you were paid, and the usual pay schedule.
- What is missing or disputed: the work or pay period involved, what you believe you were owed, what you actually received, and how you reached your estimate.
Keep estimates separate from confirmed amounts. For example, label a total as an estimate if you reconstructed it from your calendar rather than a pay statement. If a check has employer information printed on it, keep a copy or photograph; it may help identify the business even if you are unsure of its legal name.
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Before you call or submit a concern, arrange these details in a simple timeline: when you worked, when you expected payment, what you received, and what remains in dispute. You do not need to know the employer’s legal name if you can provide useful identifying information, such as the business name shown at the worksite, its location, or details printed on a check. Likewise, do not delay contact just because a particular pay stub or time record is missing.
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Build a wage record, even if the employer has none to give you
A personal log can help you remember the hours and payments at issue and explain them to an agency. The Department of Labor advises workers who have no record of hours or pay to start keeping one themselves. You do not need a special format: use a notebook, a calendar, or a spreadsheet, and make entries as soon as practical after each shift or payment.
Record each workday
- Date worked.
- Start time and finish time.
- Whether a meal break occurred and how long it lasted.
- Work location and, if useful, a short note about the work performed.
Record the times you actually worked as accurately as you can. If you later correct an entry, preserve the original information or note that it was corrected and when. Do not present a guess as a precise time; mark uncertain entries as estimates and explain what you used to reconstruct them.
Record each payment and the terms you understood
- Date and amount of each payment.
- How it was paid, such as by check or another method.
- Pay rate, if known, and the pay schedule you were told to expect.
- Any amount you believe is still unpaid and the work period it relates to.
Keep the employer’s name and address or phone number with the record. Save pay stubs and checks, or copies or photos if you need to return the originals. Preserve messages, schedules, or other information that helps show hours worked or the employer’s pay practices. These materials can help clarify the timeline and compare the hours you recorded with the payments made.
A useful entry might read: “Tuesday, [date]: started [time], finished [time], meal break [duration]; worked at [location]. Payment received [date]: [amount], by [method].” Add the pay period or shift the payment relates to when you know it. This format is only an organizational aid, not an official form or a legal requirement. The important thing is that your notes distinguish the workday, hours, break, payment date, payment amount, and any uncertainty.
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WHD provides a free timesheet app and a printable work-hours calendar in English and Spanish. A paper notebook is also sufficient if it lets you make dated, legible entries and keep payment information together. A paid logbook is not required to contact an agency or make a complaint.
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Understand the federal wage rules before labeling the problem
The FLSA does not automatically cover every worker or every job in the same way; coverage and exemptions matter. For covered, nonexempt workers, the Department of Labor describes federal overtime as at least one and one-half times the regular rate for hours over 40 in a workweek. The regular-rate calculation can depend on the pay arrangement, and exemption questions can be fact-specific. Do not assume that being paid a salary, by the day, or by the job alone settles whether overtime is due.
The Department of Labor worker FAQ identifies $7.25 per hour as the federal minimum-wage figure in its discussion of FLSA complaint eligibility. That figure is not necessarily the wage floor that applies to a particular worker: coverage, exemptions, and higher state or local minimum wages can change the analysis. Check the law for the place where the work occurred rather than treating the federal figure as universal.
If you are not sure whether your classification, hours, or pay arrangement falls under a federal rule, explain the facts to WHD or the relevant state labor agency. State protections may be broader than the federal baseline, so a question that does not fit one federal rule may still be worth asking about locally.
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Submit a concern and keep track of what happens
- Contact WHD or the appropriate state agency. For federal help, call 1-866-487-9243 or submit a concern online through WHD. For state or local protections, check the official labor agency for the place where you worked and follow its current intake process.
- Explain the pay issue in chronological order. Identify the employer and worksite, describe the work, give the affected dates, and explain how pay was supposed to work compared with what you received. Distinguish documented facts from estimates.
- Provide useful records if available. Pay stubs, checks, personal hours logs, and information about employer pay practices may help. Keep copies of what you send and do not surrender the only copy of an important record without understanding why it is needed.
- Save an agency contact log. Note the date, office or representative if known, any reference details, what you discussed, and any next step you were given. Keep copies of submitted forms and documents in one place.
- Update your record when new events occur. Add later shifts, payments, communications about pay, and agency contacts. Keep the record factual and dated.
WHD determines whether an investigation is appropriate; the sources do not establish a single timeline for every investigation. An online concern or an inquiry should not be confused with a promise that an investigation will finish by a particular date.
For your own files, keep the original notes and make a separate copy or scan to share if asked. Organize records by date or pay period so you can find an entry quickly. A basic folder—digital or paper—with your timeline, pay documents, and agency correspondence is enough; no particular filing system is prescribed. Record the date you contacted the agency and any reference information it provides, but do not mistake a personal recordkeeping method for an agency requirement.
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Confidentiality, retaliation, and protecting yourself
WHD says that discussions and complaints are confidential. The agency notes limited exceptions: disclosure may be necessary to pursue an allegation with your permission, or a court may order disclosure. If you have concerns about how your information may be used, ask the WHD representative how confidentiality applies to your situation before deciding what to provide.
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Repair common Windows errors and clear accumulated junk for a smoother, more stable PC - no reinstall needed.Free scan · no reinstallThe Department of Labor states that an employer cannot retaliate against a worker for exercising protected rights, filing a complaint, or cooperating with an investigation. If you believe retaliation has occurred, write down what happened, when it happened, who was involved, and any related communications. Contact WHD or the relevant state agency to ask how to raise that concern. The prohibition does not mean a worker can predict the outcome of a specific retaliation allegation.
Keep a separate factual timeline of any event you believe is connected to protected activity, including dates and related communications. Do not rely on memory alone if you can make a dated note when something happens. The Department of Labor’s statement describes the prohibition on retaliation; for advice about an individual situation or state-specific protections, contact the appropriate agency.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Know the federal FLSA time limits—and do not wait to check state deadlines
For FLSA claims, WHD describes a two-year statute of limitations for non-willful violations and a three-year period for willful violations. These are federal FLSA periods, not a universal deadline for every unpaid-wage claim. Other federal claims and state or local claims may have different rules. Because the timing can depend on the claim and the facts, contact the relevant agency promptly rather than waiting to assemble a perfect file; WHD advises filing as soon as possible so an investigation can be completed before the applicable period expires.
If work took place in more than one state, or you are unsure which jurisdiction’s law applies, tell the agency where and when the work occurred. The location can affect the agency, wage protections, and deadline. Verify current rules with the appropriate labor office rather than relying on a deadline from another state or an unrelated type of claim.
Common mistakes that can make a wage complaint harder
- Waiting for employer records before starting. Begin a personal log now; missing employer records do not prevent you from contacting WHD.
- Combining estimates and confirmed records. Label reconstructed hours or amounts as estimates and note the basis for them.
- Assuming the federal minimum wage or overtime rule resolves every claim. Coverage, exemptions, regular-rate calculations, and state or local law may matter.
- Using a deadline from the wrong jurisdiction or claim. The two- and three-year periods described here concern FLSA claims; check the rule that applies to your own claim.
- Sending away the only copy of evidence. Keep copies of pay records, checks, and anything submitted to an agency.
- Treating one agency contact as a guaranteed recovery. WHD decides whether investigation is appropriate, and an inquiry does not predetermine the result.
- Assuming you need to calculate the exact amount before calling. Bring the work dates, hours, pay terms, and amounts you know; identify reconstructed totals as estimates and ask the agency what additional details would help.
- Assuming a web inquiry has the same deadline effect as every other filing. Filing periods depend on the claim and jurisdiction. Contact the appropriate agency promptly and ask about the process that applies.
Frequently Asked Questions
Can I contact the Wage and Hour Division if I am not sure I want to file a complaint?
Yes. The U.S. Department of Labor’s Wage and Hour Division says workers can call or visit a Wage and Hour office to ask about the laws or file a complaint. You can ask questions about your rights before deciding what to do.
What if I do not have timesheets, pay stubs, or a precise total?
You can still contact WHD. The agency describes records as helpful, not a prerequisite. Start a personal log of work dates, start and finish times, meal breaks, and payments. Clearly mark reconstructed hours or amounts as estimates and explain how you arrived at them.
What information should I have ready when I call?
Gather your name and contact details; the employer’s name, address or worksite location, phone number, and manager or owner if known; the work you did; when the events happened; and how and when you were paid. Pay stubs, checks, personal hours records, and details about employer pay practices may also help.
Is it free to file a wage complaint with WHD?
Yes. The Department of Labor does not charge workers for complaint or investigation services. A paid timesheet or logbook is not required; WHD offers a free timesheet app and printable work-hours calendar in English and Spanish.
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Will WHD keep my complaint confidential, and can my employer retaliate?
WHD says discussions and complaints are confidential, with limited exceptions when disclosure is needed to pursue an allegation with your permission or is ordered by a court. DOL also says an employer cannot retaliate against a worker for exercising protected rights, filing a complaint, or cooperating with an investigation. Ask WHD how these protections apply to your circumstances.
How long do I have to file a claim for unpaid wages?
WHD describes the FLSA statute of limitations as two years for non-willful violations and three years for willful violations. Those are federal FLSA periods, not a universal deadline for all wage claims. State and local rules may differ, so contact the relevant agency promptly and verify the deadline for your claim.
The Bottom Line
Start a dated record of your shifts, breaks, payments, pay terms, and employer details, then contact the U.S. Department of Labor’s Wage and Hour Division at 1-866-487-9243 or use its online concern process. WHD’s services are free, and you do not need complete employer records to ask about your rights. Also check the labor agency and deadline for the state or territory where you worked: federal FLSA rules are not the only possible protections.
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