If your regular payday has passed and wages are still missing, contact your state labor department or the U.S. Department of Labor’s Wage and Hour Division (WHD) rather than waiting indefinitely. The Department of Labor gives this direction specifically for an unpaid final paycheck; state agencies may also handle other wage claims under state law. Find your state office in the Department of Labor’s state labor office directory.
When should you contact an agency?
Contact a labor agency when payday has passed without payment or when you believe your employer violated a wage rule. The Department of Labor’s last-paycheck guidance says to contact WHD or the state labor department if the regular payday for your last pay period has passed and you have not been paid.
You can also contact WHD with questions or complaints about federal wage-and-hour protections, including minimum wage and overtime, when those federal rules cover your work. State law may set different or broader requirements. For commissions, deductions, promised wages, or a delayed regular paycheck, check your state agency’s official wage-claim instructions; the applicable process and remedies depend on the state and facts.
Which agency should you contact?
Start with the state labor office directory to identify the agency and its contact route. State agency names and procedures vary. WHD is another route for questions and complaints involving federal protections. You do not necessarily have to pursue one agency before contacting the other; whether a particular claim fits an agency’s scope depends on the law and facts.
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- Missing final paycheck: Contact the state labor office or WHD after the regular payday has passed.
- Minimum wage or overtime: Ask WHD about federal coverage and check whether your state has additional requirements.
- Commissions, deductions, or other promised pay: Follow the relevant state agency’s official instructions and ask whether it handles that type of claim.
- Unsure whether to file: WHD says you may call or visit an office to ask about the law or file a complaint.
What information should you gather?
Collect what you can, but do not postpone a time-sensitive inquiry just because a record is missing. WHD asks for information about the worker, employer, work performed, relevant events, and how and when the worker was paid. Helpful details and records include:
- Your name and contact information, and the employer’s name and contact details.
- The manager or owner’s name, your job, and the work you performed.
- The dates and pay periods involved, hours worked, and your pay rate.
- The amount you believe is unpaid, and how and when the employer usually pays.
- Pay statements, time records, schedules, written policies, messages, and any employer response.
Write down your own calculation of the unpaid amount if you can explain how you reached it. Keep copies of relevant records and communications for your own reference.
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How long do you have to claim unpaid wages?
For claims under the federal Fair Labor Standards Act (FLSA), WHD describes a general limitations period of two years for non-willful violations and three years for willful violations. These are federal FLSA periods, not a universal deadline for every state wage claim or every type of pay dispute. State deadlines may differ. WHD advises filing promptly so an investigation can be completed before the applicable period expires. Check the deadline with the relevant state agency as well as WHD if federal law may apply.
Will your employer find out if you complain?
WHD says discussions and complaints are confidential. It says the worker’s name and the nature of the complaint are not disclosed except when disclosure is necessary to pursue an allegation with the worker’s permission or when a court orders disclosure. Ask the agency how it handles identity in your specific matter, since disclosure may be necessary to investigate or pursue a claim.
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What if your employer retaliates?
Tell the agency about threats or adverse action connected to a wage complaint. WHD’s Fact Sheet 77A explains that FLSA-protected complaint activity can include oral or written complaints, filing a complaint, or cooperating in an investigation. Workers who believe they experienced retaliation may contact WHD. The fact sheet is agency guidance and says it is not an official statement of position with the force of law.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.How state and federal options can differ
State and federal protections can overlap, but the right route depends on which law covers the alleged violation and what the agency can address. Before choosing a route, confirm the relevant agency’s claim scope and process, applicable deadlines, available remedies, and whether identity disclosure may be needed. No state-specific deadline or remedy can be given without knowing the state and claim. WHD’s state minimum-wage comparison, updated July 1, 2026, is a starting point for comparing minimum-wage rules; the Department advises consulting the relevant state labor office for official information.
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