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If your employer didn’t pay you, first write down what is missing and save your pay stubs, time records, schedules, and relevant messages. Then contact the U.S. Department of Labor’s Wage and Hour Division (WHD) if the issue may involve federal minimum wage or overtime, and check the labor agency for the state or territory where you worked for final-pay, promised-wage, or commission claims. The correct rules depend on your work location and the type of pay involved.
My employer didn’t pay me: identify what is missing
Compare your pay stub or payroll record with the pay period and work actually performed. A missed deposit, a short paycheck, an unpaid commission, a deduction you dispute, and a late final paycheck can follow different rules.
- Record the scheduled payday and the pay periods involved.
- List the dates and hours you worked, the gross amount you expected if known, the amount received, and the remaining shortfall.
- Note whether the concern is a completely missed payment, a deduction, minimum-wage or overtime pay, a commission, or your final wages.
This distinction matters because federal law does not provide a collection procedure for every compensation promise. The Fair Labor Standards Act (FLSA) covers federal minimum-wage and overtime protections for covered workers, subject to exemptions; ordinary promised wages or commissions above federal requirements may instead depend on state law. See the U.S. Department of Labor’s FLSA reference guide.
Save records and communications
Keep pay stubs, time sheets or your own time records, work schedules, written pay terms such as an offer letter, and messages about the missing payment. DOL recommends recording when you are paid and how much you receive; its complaint guidance says that providing more information can help WHD address concerns.
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Preserve records you are allowed to access, but do not alter employer records or take confidential business material unrelated to your claim. A simple work-hours log book can help organize your records, but buying one is not necessary and does not by itself establish a claim.
What to do if your paycheck is late
If it is safe and useful, send payroll or your employer a brief written inquiry. Identify the pay period, the expected payday, and the amount you believe is missing; ask when the payment will be corrected or request an explanation. This can create a clear record, but contacting the employer first is not a prerequisite to asking an agency for help. If you have a safety, immigration, retaliation, or evidence-preservation concern, you can contact an agency without confronting your employer.
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Where to report unpaid wages
The work location is essential: state and territory payday rules, wage-claim procedures, final-pay deadlines, and available remedies vary. Federal WHD is the route to ask about possible FLSA minimum-wage or overtime violations; the labor department for the state or territory where you worked may handle state-law claims, promised wages, commissions, and final-pay issues.
| Issue | Where to start | What to know |
|---|---|---|
| Possible federal minimum-wage or overtime violation | U.S. Department of Labor Wage and Hour Division | WHD accepts inquiries and complaints. DOL lists 1-866-487-9243 as its toll-free number and says filing and investigation are free. Complaints are confidential, but identity or details may be disclosed when necessary to pursue an allegation with the complainant’s permission, or if a court orders disclosure. |
| Promised wages, commissions, final pay, or a state-law wage claim | The labor department for the state or territory where the work took place | Applicable rules and deadlines depend on location. Use DOL’s state labor office directory to find the relevant agency. |
| Possible wages already recovered by WHD | DOL’s Workers Owed Wages application | Search for a match by employer and worker name and follow the application’s current instructions to submit a claim. |
What federal wage protections may apply?
For covered, nonexempt workers, the FLSA generally requires at least the federal minimum wage and overtime at one and one-half times the regular rate for hours worked over 40 in a workweek. DOL’s reference guide states a federal minimum-wage baseline of $7.25 an hour, effective July 24, 2009. That federal figure does not establish the rate that applies to your job: state or local rates may be higher, and coverage and exemptions matter. Check current law for your location and circumstances.
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The FLSA is not a general collection law for every underpayment. If your employer withheld a promised commission or other wages that do not involve a federal minimum-wage or overtime shortfall, ask the state or territory labor agency what wage-payment rules and claim process apply.
What if my employer didn’t pay my final paycheck?
Federal law does not require an immediate final paycheck. As DOL puts it, “Employers are not required by federal law to give former employees their final paycheck immediately.” Some states require faster final payment, so the deadline depends on where you worked. If the regular payday for your last pay period has passed, DOL directs workers to contact WHD or the state labor department; consult the relevant state agency for the local deadline. See DOL’s last-paycheck guidance.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Possible recovery and checking for unpaid wages
For an FLSA claim, DOL identifies agency-supervised back-wage payment, a suit by the Secretary of Labor, and a private lawsuit as possible routes. A private suit may seek back pay, an equal amount in liquidated damages, and attorney’s fees and court costs. A worker generally cannot pursue the same FLSA recovery in a private suit after WHD-supervised payment or a Secretary of Labor suit for those wages. Which route fits depends on the facts and jurisdiction; these options are not a prediction of what you will recover.
If WHD may already have recovered wages for you, search the Workers Owed Wages application. DOL describes searching by employer and worker name, providing contact information, and submitting a signed claim form and identity documentation. Its page gives an approximate processing estimate of six weeks; verify the application for current timing and payment instructions.
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Retaliation and filing deadlines
DOL says an employer cannot retaliate against a worker for exercising protected rights, filing a complaint, or cooperating with an investigation. Complaints may be oral or written, and potential remedies can include reinstatement and lost wages. If you believe you have faced retaliation, document what happened and contact WHD; no particular outcome is guaranteed. Read DOL’s retaliation guidance.
For FLSA violations, DOL describes a two-year limit for non-willful violations and a three-year limit for willful violations. These are federal FLSA periods, not the deadline for every state wage claim. File promptly so there is time for an investigation before an applicable period expires; ask the state agency about its separate deadlines.
If you are unsure about filing a complaint
You can ask WHD about your rights before deciding whether to file. DOL’s worker FAQ asks, “What If I’m not sure I want to file a complaint? Can I find out what my rights are?” For a tailored answer, be ready to explain where you worked, what pay is missing, the relevant dates and hours, and what records you have.
This is general U.S. information, not a determination that a particular worker is covered or owed wages. The state or territory where the work occurred is needed to identify local deadlines, payment rules, wage rates, and procedures.
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