If your employer has not paid you for all your work, you have the right to recover those earnings. You can report unpaid wages by filing a formal complaint with either the federal U.S. Department of Labor (DOL) or your state's specific labor agency, such as the California Labor Commissioner's Office. The process involves gathering evidence of your work and pay, submitting an official claim form, and potentially participating in a settlement conference or hearing. This guide provides a complete walkthrough of how to prepare and file your claim to get the money you are owed.

Key Takeaways: What to Know Before You File

• You Have Two Main Paths: You can file a claim with the federal government (Department of Labor, Wage and Hour Division) or your state's labor department.
• Documentation is Critical: Your claim's success depends on records. Start gathering pay stubs, timecards, and any written communication about your pay.
• Deadlines Are Strict: All wage claims are subject to a statute of limitations, meaning you only have a limited time (typically 2 to 3 years) to file.
• Retaliation is Illegal: Your employer cannot legally fire, demote, or punish you in any way for filing a good faith wage claim.
• California Has a Robust Process: The California Labor Board complaint process (run by the DLSE) is a clear system involving a settlement conference and a potential hearing.

Experiencing wage theft is stressful. Those who are owed unpaid wages by their employer can also fill out the contact form on this page to schedule a free consultation with an unpaid wage attorney.  Knowing your rights is the first step, but taking action is how you get results. Let's break down the exact process, starting with the crucial evidence you need to gather before you file.

Table of Contents

• Are You a Victim of Wage Theft? Common Examples
• Before You File: A 3-Step Preparation Checklist
• How to Report Unpaid Wages: Federal vs. State Options
• Special Circumstances: Anonymous Reporting and "Under the Table" Pay
• Take Action - Report Unpaid Wages
• Proving Wage Violations
• Getting Help for Unpaid Wages
• Frequently Asked Questions

Are You a Victim of Wage Theft? Common Examples

Wage theft isn't just about a missing paycheck. It takes many forms, all of which are illegal under federal and state law. You may have a claim if you are experiencing:

• Unpaid Overtime: Being paid your regular rate for hours worked over 40 in a week (or over 8 in a day in states like California).
• Minimum Wage Violations: Being paid less than the federal, state, or local minimum wage.
• Working "Off the Clock": Being asked to work before you clock in or after you clock out, including working through unpaid meal breaks.
• Illegal Deductions: Having money taken from your paycheck for uniforms, broken equipment, or "dine and dash" customers.
• Misclassification: Being incorrectly labeled as an independent contractor to deny you overtime and other protections.
• Unpaid Final Paycheck: Not receiving your final wages in a timely manner after you quit or are fired.

Before You File: A 3-Step Preparation Checklist

Before submitting your wage claim, you need to prepare a complete case file. The quality of your documentation will directly impact your ability to recover what you're owed. Follow these three essential preparation steps.

1. Gather Your Documentation (The Evidence)

Your claim is only as strong as your proof. Even if you were paid "under the table," gather what you can:

• Pay stubs (all stubs you have)
• Time records (copies of timecards, screenshots of scheduling apps, or a personal log where you tracked your hours each day)
• Written communication (any email, text message, or letter discussing your hours, your pay rate, or your complaints about missing wages)
• Employment documents (your original offer letter or employment contract)
• Bank statements (proof of pay being deposited or lack thereof)
• Employer information (the correct legal name of the business, the names of your managers, and the company address)

2. Calculate Exactly What You Are Owed

Create a simple log to show the math. This will be required for your claim form. Your calculation should show the week or pay period, hours worked, your pay rate, what you were owed, what you were actually paid, and the unpaid balance.

Example Calculation:

Week	Hours Worked	Pay Rate	Owed	Paid	Unpaid Wages
Oct 1-7	45	$20/hr	$950*	$800	$150
Oct 8-14	40	$20/hr	$800	$800	$0
Total			$1,750	$1,600	$150

*($20 x 40 hrs) + ($30 x 5 overtime hrs) = $950

3. Know Your Filing Deadlines (Statute of Limitations)

You must file your claim within a certain time limit. This statute of limitations varies by state and by the nature of the claim. Missing your deadline means losing your right to recover your wages permanently.

Federally (FLSA): You have 2 years to file for most violations under the Fair Labor Standards Act, or 3 years if the employer willfully violated the law. In California: You generally have 3 years to file for unpaid minimum wage and overtime under California Labor Code Section 1194. You have 4 years if your claim is based on a written contract. Do not wait. If you are unsure, contact a lawyer or your state's labor agency immediately.

How to Report Unpaid Wages: Federal vs. State Options

You have two primary options for filing. The federal process is available to everyone, while your state may offer a more direct path. Understanding both routes helps you choose the best strategy for your specific situation.

Option 1: File a Federal Complaint with the U.S. Department of Labor (DOL)

This process is handled by the DOL's Wage and Hour Division (WHD), which enforces the Fair Labor Standards Act. This option works best for workers in states with weak state level protections or in cases involving multiple states.

How to File:

1. Contact the WHD: You can call them toll free at 1-866-487-9243 or find your local WHD office at dol.gov.
2. Provide Your Information: You will be asked for your name, address, your employer's name and address, your job duties, and details about your pay and hours worked (using the evidence you gathered).
3. WHD Investigation: The WHD will review your wage and hour claim for unpaid wages. If they find a violation, they will contact your employer and seek to recover the back wages on your behalf.
4. Resolution: The DOL may supervise a settlement or, if necessary, file a lawsuit against the employer.

Option 2: File a State Claim (Example: The California Labor Board Complaint)

This is often the most direct route to recovering your specific wages. The California process (run by the Division of Labor Standards Enforcement) serves as the gold standard example for state level wage claims.

How to File a Wage Claim in California:

1. Fill Out the Claim Form: You must complete the "Initial Report or Claim" (Form 1) available at dir.ca.gov. You can do this online, by mail, or in person at a DLSE office using all the evidence and calculations from the preparation steps.
2. Claim is Filed and Served: The DLSE (Labor Commissioner's Office) will review your form and, if accepted, will send a copy to your employer.
3. Attend the Settlement Conference: This is the most common next step. This is a mandatory meeting with a Deputy Labor Commissioner who will try to help you and your employer reach a settlement.
4. Attend the Hearing (If No Settlement): If you don't settle, your case will be scheduled for a formal hearing where you will present your evidence and a hearing officer will issue a final, binding decision.

Special Circumstances: Anonymous Reporting and "Under the Table" Pay

Some wage theft situations involve complications like cash payments or fear of retaliation. Understanding your options in these scenarios is important for making informed decisions about how to proceed.

Can You Report a Company for Not Paying You Anonymously?

Yes, but it's important to understand the difference between reporting violations and recovering your own wages. To report a violation anonymously, you can contact the DOL or a state agency like California's Bureau of Field Enforcement to investigate the company for broad violations affecting multiple employees. However, to file a personal wage claim to get your specific money back, you must be identified because you cannot receive a check for back pay if the agency doesn't know who you are.

How to Report Unpaid Wages "Under the Table"

This is more difficult, but not impossible. Even without pay stubs, you can use other evidence to support your claim. A personal log of your hours (a calendar or notebook), text messages or emails from your boss about your schedule or pay, witness testimony from coworkers or customers, bank records showing small irregular cash deposits, and any "IOU" notes or partial payments can all serve as proof. Agencies are used to this, so do not let cash pay stop you from filing a claim.

Take Action - Report Unpaid Wages

Wage theft is sadly a common occurrence in California. Employers owe tens of thousands of workers money in unpaid wages each year. Wage theft occurs when employers deliberately pay workers below the minimum wage, don't pay them overtime wages, fail to provide them with meal or rest breaks or attempt to shortchange them in other ways. According to CalMatters, in 2021 alone, California workers filed nearly 19,000 individual claims totaling more than $338 million in stolen wages. You can report any employer who is committing wage theft, even if you don't work at that firm or company. However, it is important to remember that the Labor Commissioner's Office does not investigate each and every report of wage theft. They tend to prioritize those that involve widespread wage theft and affect a significant number of workers.

Once the investigation is completed, the Labor Commissioner's Office can issue citations, try to collect the wages that are due to workers and also work with the employer to correct any violations that have occurred. If you are the victim of wage theft, it is important that you file a wage claim in order to recover your unpaid wages.

For those wondering how long an employer has to pay unpaid wages, the answer is simple.  In California, labor laws require employers to pay workers on time.

Proving Wage Violations

Our California wage and hour attorneys recommend that workers maintain updated records of the hours they work in a calendar, notebook or cellphone. Keep these records in a location that is easily accessible such as your personal cell phone or home computer. When an investigation is initiated by a state or federal agency, a clear timeline of your hours worked as well as a record of any retaliatory actions against you or your coworkers can help move the investigation forward.

Write down as many details about your job as possible. For example log your start and end time each day, when you took meal or rest breaks and what days you got paid. Write down the names and titles of your supervisor, your hiring manager and the individual who sets your schedule.

Maintaining Work Records

• Daily time tracking: Use a calendar, notebook, or cellphone to record your start and end times each day, meal and rest breaks taken, and pay dates in an easily accessible location like your personal phone or home computer
• Detailed job information: Write down names and titles of your supervisor, hiring manager, and scheduler, along with specific details about your work conditions and schedule
• Violation documentation: Record any instances when your employer denies required rest and meal breaks or requires you to work more than eight hours per day or 40 hours per week without proper overtime pay
• Timeline and retaliation records: Maintain a clear timeline of hours worked and document any retaliatory actions against you or coworkers, as this information can help expedite investigations by state or federal agencies
• Long-term record keeping: Preserve all paystubs and wage-related documents for at least three years, never discarding these important records that substantiate your wage claims

It is also a good idea to document any time your employer denies you rest and meal breaks required under the law or when you are made to work more than eight hours in a work day or 40 hours a week without overtime pay. Never throw out your paystubs or other records that document your wages. You should keep these records for at least three years.

Getting Help for Unpaid Wages

You do not have to go through this process alone. It would also be in your best interest to contact an experienced Los Angeles unpaid wages attorney who can help you hold your employer accountable with a wage and hour lawsuit. In cases where a large number of employees have been affected, you may also be able to file a class action lawsuit.

At Kingsley Szamet Employment Lawyers, we have successfully helped employees seek justice and fair compensation. We work on a contingency fee basis, which means you don't have to pay us any fees until you collect damages in your case. Our firm has 29 years of experience, and $300 Million in settlements and verdicts. To get help with your claim, fill out the form to schedule a free consultation.

Frequently Asked Questions

What can I do if my employer hasn't paid me yet?

First, contact your employer directly to request your unpaid wages, then file a wage claim with the California Division of Labor Standards Enforcement if they refuse to pay you what you're owed. You can also contact an employment attorney to learn more about your options.

Who do I call to report unpaid wages?

Contact the California Division of Labor Standards Enforcement (Labor Commissioner's Office) at their local office or file online, or call the U.S. Department of Labor's Wage and Hour Division for federal wage violations.

How to record unpaid wages?

Keep detailed records of the specific dates you worked, hours completed, your regular pay rate, and any overtime or other compensation that remains unpaid.

How long does a wage and hour claim for unpaid wages take?

The timeline varies significantly depending on your case. A simple federal DOL complaint might be resolved in a few months, while a state level claim in California often involves a settlement conference within 30 to 90 days of filing, with the entire process potentially taking several months to over a year if it goes to a full hearing.

Is it worth getting a lawyer for a wage claim?

For simple, small claims, you can successfully file on your own. However, you should strongly consider hiring an employment lawyer if your case is complex (such as misclassification), involves a large amount of money, or if your employer retaliates against you.