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Get your state labor department's wage claim form, fill it out, and mail it to the address the department lists, with copies of your pay stubs and time records. There is no filing fee. The department investigates, holds a settlement conference or hearing, and can order the employer to pay. You are protected against retaliation for filing. This is general information, not legal advice.
More than most workers expect. A wage claim can cover unpaid regular wages, overtime, promised bonuses and commissions, unused vacation pay where the state treats it as wages, and final paychecks that never arrived. Many states add liquidated damages, which can double the award, plus interest running from the date the wages were due. The claim is filed against the employer, and in some states owners and officers can be personally liable for the unpaid wages. What it generally cannot cover: workplace grievances that are not about pay, which belong in a different forum.
| Attach to the claim | Why the department wants it |
|---|---|
| Pay stubs, final pay statements, W-2s | Establishes what you were paid and the pay rate |
| Time records: schedules, timesheets, app logs | Proves the hours worked, especially overtime |
| Employment agreement or offer letter | Proves the promised rate and any bonus or commission terms |
| Your own written log of dates and amounts | Fills gaps where records are thin; contemporaneous notes carry weight |
| Copies only, never originals | Originals can be lost; the department works from copies anyway |
The department reviews the claim for completeness, then opens an investigation: it contacts the employer for payroll records and its side of the story. Many states then try a settlement conference, an informal meeting where an agency mediator pushes both sides toward an agreement. If that fails, the case goes to a hearing before an administrative judge, which is more formal but still far simpler than court. You do not need a lawyer at any of these stages, though having one helps for large claims. The whole process runs on paper and scheduled dates, which is exactly why mailing the claim with proof of delivery and keeping copies of every submission matters: your file is the record the judge reads.
Retaliation for filing a wage claim is illegal in every state. If your employer cuts your hours, demotes you, or fires you after you file, that retaliation becomes a separate claim with its own remedies. Document any change in treatment with dates, because retaliation cases turn on timing: an adverse action days after the employer learns about the claim is hard for the employer to explain away. This protection applies whether you still work there or left long ago.
For most individual wage claims, file first. The labor department route is free, requires no lawyer, and the investigator does the evidence-gathering for you. A private attorney makes sense when the amount is large, when the case involves a group of workers, or when the employer has already lawyered up. One practical note: some states cap the amount the labor department can award, so if your claim exceeds that cap, small claims court or a private suit may be the better forum. Check the cap on your state's labor department site before you choose.
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