Unpaid Wages? How to File a Wage Theft Claim for Free
A missing paycheck, a short check or overtime that never shows up is more than an annoyance. It's money you earned. Government labor offices will chase it for you at no cost, but the clock starts running the day the pay was due.
AT A GLANCE
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What counts as wage theft
"Wage theft" isn't one legal term. It's a plain-language label for pay your employer owed and didn't give you. Under the federal Fair Labor Standards Act (FLSA), the Department of Labor says covered, nonexempt workers must get:
At least the federal minimum wage of $7.25 an hour. It has been $7.25 since July 24, 2009. If your state's minimum is higher, you get the higher rate.
Overtime at one and a half times your regular rate for hours over 40 in a workweek. A workweek is any fixed, recurring 168-hour period.
Pay for all hours worked. DOL says hours worked ordinarily include all the time you're required to be on the employer's premises, on duty or at a set workplace.
State laws often add more. New York's labor department, for example, takes claims for bounced paychecks, missing tips, a pay rate lowered without notice and promised vacation or holiday pay that never came. California's Labor Commissioner handles unpaid meal and rest breaks, sick leave, illegal deductions and unpaid reimbursements.
Common situations
What happened | Who usually handles it |
|---|---|
Paid less than minimum wage | WHD or your state labor office |
No overtime after 40 hours | WHD or your state labor office |
Final paycheck never arrived | State labor office (state payday laws) |
Paycheck bounced | State labor office |
Promised vacation or bonus not paid | State labor office (if your state covers it) |
Called a "contractor" but treated like an employee | File anyway; the agency decides your status |
That last row matters. Texas and California both say that if you're unsure whether you were an employee or an independent contractor, you should file and let the agency decide.
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Federal or state: where to file
You can often choose. WHD enforces federal law nationwide. Your state labor office enforces state law, which may give you a higher minimum wage, daily overtime or payday rules the federal law doesn't have.
A few points from the agencies themselves:
WHD's state contacts list (last updated January 1, 2026) links every state's labor office and phone number.
Texas sends some workers back to the federal office. The Texas Workforce Commission says that if your claim is past its 180-day limit, "you may be able to file a claim with USDOL," where claims can be filed within two years.
New York won't take a claim if you've already sued for the wages in small claims or civil court, if the work was outside New York or if the wages are more than three years old.
Texas gives you 180 days from the date the wages were due. If you're past that, the Texas Workforce Commission says you may still be able to file with the U.S. Department of Labor.
State labor offices in the biggest states
State | Agency | Phone (from WHD's state list or the state's site) |
|---|---|---|
California | Labor Commissioner's Office (DIR) | 833-526-4636 |
Texas | Texas Workforce Commission, Wage and Hour Dept. | 800-832-9243 |
New York | NYS DOL Division of Labor Standards | 888-525-2267 (filing help) |
Illinois | Illinois Department of Labor | 217-782-6206 |
Washington | Labor & Industries | 360-902-5800 |
New Jersey | NJ Dept. of Labor, Wage and Hour | 609-292-2305 |
For any other state, open WHD's state labor office list (linked in the sources below) and use the number shown for your state.
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Filing deadlines you can't miss
Deadlines differ by law and by state. These come straight from the official sources:
Law or agency | Deadline |
|---|---|
Federal FLSA lawsuit (29 U.S.C. 255) | 2 years; 3 years for a willful violation |
Texas Payday Law wage claim | 180 days after the wages were due; TWC counts the date it receives the claim |
New York Labor Standards claim | Wages must be no more than 3 years old |
California: minimum wage, overtime, breaks, sick leave, deductions | 3 years |
California: oral promise to pay more than minimum wage | 2 years |
California: written contract | 4 years |
If part of your Texas wages are older than 180 days, TWC says to file a claim only for the part that's still within the deadline. Don't hold off to gather every stub; a late claim can be rejected.
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How to file with the U.S. Department of Labor
WHD describes its process as gather your information, file, and then work with an investigator.
Step by step
Write down the basics. WHD asks for your name, address and phone; the company's name, location and phone; the manager's or owner's name; the type of work you did; and how and when you were paid (for example, cash every Friday).
Collect what proof you have. Copies of pay stubs, your own record of hours, texts about schedules or anything showing how your employer pays people all help. Keep the originals.
Call 1-866-487-9243 or contact your local WHD office to file. WHD says complaints are confidential.
Expect an investigation. WHD's investigations generally include an initial conference with the employer, private interviews with employees, a review of payroll and time records and a final conference where WHD asks the employer to pay any back wages found.
Watch for payment. WHD switched to electronic payments for back wages starting October 1, 2025. If you've been getting paper checks, it says you need to update your information in the Workers Owed Wages application.
Before you call
☐ Employer's legal or business name (check a pay stub, product label or mailing label)
☐ Address where you worked and the company's main address, if different
☐ Your dates of work and your pay rate
☐ A daily log of start times, end times and breaks
☐ Pay stubs, checks, deposit records or cash amounts with dates
☐ Names of coworkers who were paid the same way
☐ Your preferred language
Filing a state wage claim
Texas
The Texas Workforce Commission takes Payday Law wage claims online or on a paper form (WH-1) by mail or fax. TWC says your claim must be signed and declared true under penalty of perjury, should list each type of unpaid wage and how you figured the amount and needs a separate claim for each employer. Attach your most recent pay stub.
After you file, TWC sends the employer a copy and gives it 14 days to respond. Then it mails a Preliminary Wage Determination Order to both sides. Either side can appeal. The order becomes final 21 days after it's mailed if nobody appeals.
Texas payday rules worth knowing: a worker who's fired or laid off must get final pay within six calendar days. A worker who quits gets it by the next regular payday. Unused vacation or sick pay is owed only if a written policy or agreement provides for it.
California
The Labor Commissioner's Office takes wage claims online, by email, by mail or in person and says California labor laws protect all workers regardless of immigration status. After you file, it usually schedules a settlement conference. If that doesn't resolve things, a hearing may follow. Garment workers file under the Garment Worker Protection Act instead.
New York
Use the Labor Standards Complaint Form (LS223). Upload it on the Department of Labor's unpaid wages page or mail it to the Division of Labor Standards in Albany. Send copies, not originals, of pay stubs, time records and benefit policies. If your claim is accepted, you'll get a case number, an investigator will contact the employer and a compliance conference may be held.
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What you can recover
Under federal law, 29 U.S.C. 216(b) says an employer who violates the minimum wage or overtime rules owes the unpaid wages plus an equal amount as liquidated damages. In other words, the law allows for double the unpaid amount in a lawsuit. The same section covers retaliation: an employer who fires or punishes a worker for complaining can owe lost wages, reinstatement and an equal amount in damages.
WHD investigations focus on collecting the back wages themselves. If you're thinking about a private lawsuit for the full amount, talk to a lawyer or a legal aid office first. Under 216(b), a court also awards a winning worker reasonable attorney's fees, paid by the employer.
Check whether money is already waiting
When WHD wins back wages but can't find a worker, it holds the money for three years while it keeps searching. After that, the money goes to the U.S. Treasury.
To check, open Workers Owed Wages (WOW) on dol.gov:
Search for your employer's name.
Search for your own name to see if wages are owed to you.
Give your contact details so WHD can send you a Back Wage Claim Form (WH-60).
Sign the form and upload it through a Login.gov account, with ID such as a Social Security card, ITIN card, driver's license, state ID or a W-2 or pay stub.
WHD says it processes claims in about six weeks.
WHAT TO DO THIS WEEK
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Related help
If a missing paycheck means you can't cover the bills, see how to handle a $500 emergency without a payday loan. App-based drivers and delivery workers should also read our gig worker income crash guide. If unpaid wages have already turned into debt, start with free and low-cost debt relief help.
Official sources
Last checked: October 23, 2026 (DOL Wage and Hour Division complaint, FLSA, state contacts and Workers Owed Wages pages; Texas, California and New York labor agency pages; 29 U.S.C. 216 and 255).
State wage laws differ, and phone numbers can change. Confirm details with the agency before you file. This is general information, not legal advice.
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