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Work

Recover unpaid wages

When your employer hasn't paid for hours worked, overtime, or your final paycheck.

3 documentosAbout 20 minutes6 preguntas que responder
Lo que incluye el paquete
Wage demand letter
Letter, 1 page
01
Hours-worked log
Worksheet, 2 pages
02
Labor commissioner claim form
State form
03
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If you worked the hours, the wages are yours. The Fair Labor Standards Act and every state's wage law agree on that — most employers pay only when you make them.

Who this pack is for

You worked for an employer who didn't pay you for some or all of the hours you worked, the overtime you put in, or the final paycheck you were owed when you left. Maybe you were misclassified as exempt and never paid overtime. Maybe you were forced to work off the clock. Maybe a payroll glitch shorted you a week and HR hasn't fixed it. Maybe you quit or were fired and your last paycheck — including unused vacation in some states — never arrived. The federal Fair Labor Standards Act (29 U.S.C. § 201 et seq.) sets the floor; your state's wage-and-hour law often goes further.

When to use it

Send the demand letter immediately — most state labor agencies and the federal DOL will look at your written demand to the employer as a step you took to resolve the dispute, which strengthens your claim. Statutes of limitations matter: under the FLSA, you have two years to file a federal wage claim (three years if the violation was willful, 29 U.S.C. § 255). State deadlines vary from one to six years. Don't sit on it; document the hours now while you remember them and while texts, schedules, and timecards are still available. If your final paycheck is missing in a state with a waiting-time penalty, every day adds to what the employer owes — file the state claim within days, not weeks.

What it doesn't cover

This pack handles unpaid wages, overtime, and final paycheck claims for non-union private-sector workers. It does not handle union grievances (those go through your collective bargaining agreement and labor board), federal-employee wage disputes (those go through MSPB / OPM), or independent contractor classification disputes (where the threshold question is whether you should have been an employee in the first place — that's a separate analysis, often through state DOL or IRS Form SS-8). It also does not handle retaliation claims or wrongful termination tied to a wage complaint — those are companion claims that need their own filing through OSHA Whistleblower Protection or the EEOC.

State-specific notes

Rules vary by jurisdiction. Below are notes for the states where recover unpaid wages runs into the most variance. If your state isn't listed, default to your state's tenant-rights handbook or local legal aid.

California (CA)
California's Labor Code § 203 imposes 'waiting time penalties': if a final paycheck is late, the employer pays your daily wage for every day the check is late, up to 30 days. California also has stricter overtime than federal (over 8 hours/day or 40/week, plus double-time over 12/day) and bars off-the-clock work outright. File with the California Labor Commissioner.
New York (NY)
New York's Labor Law § 198 allows recovery of unpaid wages plus 100% liquidated damages, attorney fees, and 9% pre-judgment interest. Final paycheck must be paid by the next regular payday. NY's Wage Theft Prevention Act requires a wage notice at hire — failure to provide it triggers separate damages.
Texas (TX)
Texas follows the federal FLSA floor without much state-level addition. The Texas Workforce Commission handles wage claims under the Texas Payday Law (Tex. Lab. Code § 61) for current employees and for separations. Final paychecks: 6 days after termination if the employer terminated you, next regular payday if you quit.
Florida (FL)
Florida has no state wage-and-hour agency — wage claims go to the U.S. Department of Labor or to court. Florida's minimum wage is in its constitution and is updated annually. The state Constitution's wage-protection provision (Art. X § 24) authorizes private suits for minimum wage violations with attorney fees and liquidated damages.
Illinois (IL)
Illinois Wage Payment and Collection Act (820 ILCS 115) lets workers recover unpaid wages, plus 5% per month damages and attorney fees. The Illinois Department of Labor handles complaints through a 'wage claim' process. Final paychecks are due at termination; failure to pay triggers a $500 administrative fee plus 1% per day damages up to 100% of the wages owed.

Common questions

What's the difference between FLSA and state wage law?
FLSA is the federal floor — federal minimum wage ($7.25/hour as of 2026), overtime at 1.5x for hours over 40/week, recordkeeping requirements. State law often goes further: higher minimum wage, daily overtime, different overtime exemptions, mandatory rest breaks. You're entitled to whichever provides more protection. Most state wage agencies will pursue both federal and state claims in one filing.
I was paid as a 1099 contractor — can I still claim unpaid wages?
If you were misclassified — meaning you were really an employee, not a contractor — yes. The IRS uses a control-and-economic-realities test (Form SS-8 captures it); state agencies often use ABC tests. If you were directed when, where, and how to work; couldn't subcontract or work for competitors; and were economically dependent on the employer, you were probably an employee. Misclassification claims include not just unpaid wages but unpaid employer-side payroll taxes, benefits, and overtime.
I worked off the clock — can I get paid for it?
Yes. The FLSA says all 'hours worked' must be paid, even if you weren't on the clock. Pre-shift work, post-shift cleanup, working through unpaid breaks, off-the-clock email or calls — all compensable. Employers who 'didn't know' you were working don't get a free pass; constructive knowledge counts. Document with texts, emails, witnesses, photos of timestamps.
How much can I recover beyond the unpaid wages?
Federal: under FLSA, you can recover the unpaid wages plus an equal amount as liquidated damages (i.e., double damages), plus attorney fees. State: many states add waiting-time penalties (CA, NY, IL), interest (NY's 9% is among the highest), and additional liquidated damages. A $5,000 wage claim can become $12,000–$15,000 by the time penalties and fees stack up.
Will I get fired or retaliated against?
Retaliation is illegal under both FLSA (29 U.S.C. § 215(a)(3)) and most state wage laws. If you're fired, demoted, or harassed for filing a wage claim, that's a separate claim with its own remedies (often including reinstatement and back pay). It happens despite the law — file early, document everything, and preserve emails / messages outside of company systems.
Should I just sue, or use the labor agency?
Both are options. The labor agency (DOL or state) handles the case for you and is free, but slower and limited in remedies — they typically pursue the wages and basic penalties, not always the full liquidated damages. A private lawsuit can be faster and recover more, especially with a contingency-fee plaintiff's lawyer. For claims under $5,000–$10,000, the agency route often makes more sense; for larger claims with multiple violations, talk to a wage-and-hour attorney first (most consult for free).
What documents should I keep?
Pay stubs (every one, even if there are issues), schedule screenshots, texts/emails about hours, photos of timesheets you signed, your offer letter or employment agreement, anything saying what you were supposed to be paid. The hours-worked log in the pack is the structure to write it down before memory fades. Save them outside of company systems — a personal email, Google Drive, or printed paper at home.

Sources

Primary legal sources cited above. These link to free, public versions of the statutes, regulations, and case law referenced in this pack.

Pike provides plain-language legal information, not legal advice. State and local rules change. If money, custody, or your housing is on the line, talk to a licensed attorney or your local legal aid office.