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Home / Resources / Unpaid Wages: What to Do About Late Pay, Missing Overtime, Tip Theft and Misclassification

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Unpaid Wages: What to Do About Late Pay, Missing Overtime, Tip Theft and Misclassification

Keep your own hours, ask in writing, then file. Federal help is free at 1-866-487-9243. You generally have 2 years to recover unpaid minimum wage or overtime, 3 if willful (29 U.S.C. 255). Immigration status does not remove the right. Last reviewed October 31, 2026.

Edited by JobPin editorial team · Reviewed October 31, 2026

In this guide
  • What is your problem, and what rule applies
  • Worked example: unpaid overtime in dollars
  • Step by step
  • State agencies for the 10 JobPin states
  • Deadlines: do not wait
  • Retaliation is illegal
  • If you are undocumented
  • Free legal help
  • Current openings
  • How to verify a listing

What is your problem, and what rule applies

Scroll horizontally to view every column.

Problem The federal rule Source
Late paycheck Wages the FLSA requires are due on the regular payday for the period. Your state sets how often: see pay frequency laws DOL Handy Reference Guide, November 2023
Pay below minimum wage At least $7.25 an hour federally. Many states are higher: see minimum wage by state DOL Fact Sheet 16, July 2009
Missing overtime At least 1.5 times your regular rate for hours over 40 in a workweek. No averaging across two weeks. The regular rate includes extras such as a night shift differential DOL Fact Sheet 23, October 2019; 29 CFR 778.207(b)
Off-the-clock work Work your employer lets you do must be paid, even if no one asked: finishing a task after your shift, fixing errors, waiting on site DOL Fact Sheet 22, July 2008
Meal taken off, but you kept working That is work and must be paid. See break laws by state 29 CFR 785.19
Deductions for uniforms, tools, shortages, damage Not allowed if they cut pay below minimum wage or overtime, even if you caused the loss. Paying back in cash does not get around it DOL Fact Sheet 16
Tip theft Employers, managers and supervisors may not keep any of your tips, directly or through a pool, even if you get full minimum wage DOL Fact Sheet 15, read October 31, 2026
Called a contractor, treated like an employee The label does not decide. A 1099, off-the-books pay or a signed contractor agreement does not make you a contractor DOL Fact Sheet 13, March 2024
Promised more than the legal minimum, but not paid it The FLSA has no procedure for this. Some states do, so go to the state agency DOL Handy Reference Guide
Final check is late The regular payday is the federal rule. States vary: see your final paycheck DOL, Last Paycheck

Rules vary by state, and many are stricter than federal law. This is information, not legal advice.

About contractors. The test asks whether you depend on the employer for work or are in business for yourself. DOL proposed replacing its 2024 rule on February 27, 2026. As of October 29, 2026, the 2024 rule is still in the eCFR (29 CFR part 795). It applies in private lawsuits, but DOL's own investigators follow an older fact sheet (Field Assistance Bulletin 2025-1, May 1, 2025). Tell the investigator what you actually do: who sets your hours, who owns the tools, and whether you can work for others.

Worked example: unpaid overtime in dollars

You earn $18.00 an hour at a warehouse and worked 46 hours in a week. Overtime rate: $18.00 x 1.5 = $27.00.

Scroll horizontally to view every column.

What the employer did What you were paid What you were owed Short each week Short over 12 weeks
Paid all 46 hours at the straight rate 46 x $18.00 = $828.00 (40 x $18.00) + (6 x $27.00) = $882.00 $54.00 $648.00
Paid only 40 hours, with 6 off the clock 40 x $18.00 = $720.00 $882.00 $162.00 $1,944.00
Same, with a $1.00 night differential on all hours 40 x $19.00 = $760.00 (40 x $19.00) + (6 x $28.50) = $931.00 $171.00 $2,052.00

What you can realistically get. Back wages are the $648 to $2,052. In a lawsuit, the law also allows an equal amount as liquidated damages, so $1,944 could become $3,888, plus attorney fees and court costs, unless the employer proves good faith (DOL Fact Sheet 44, January 2015; DOL Field Assistance Bulletin 2025-3). DOL's wage division stopped seeking that doubled amount in out-of-court settlements on June 27, 2025 (same bulletin). So a DOL case may be free and simpler, but may pay back wages only. Not every job is covered by overtime rules. An investigator or legal aid office can tell you about yours.

Step by step

1. Start your own record today. The law requires the employer to keep accurate hours and pay records, generally for 2 to 3 years (DOL Fact Sheet 21, July 2008). It does not require pay stubs, though some states do (DOL FLSA FAQ, read October 31, 2026). Keep your own anyway, on your own phone:

  • Date, clock-in, clock-out, meal start and end, and what you did off the clock
  • Photos of schedules, and every pay stub or deposit
  • Texts and names of who told you to work

Estimates are better than nothing. Write "about" when you are not sure, and do not add hours you did not work.

2. Send this message. Texas Workforce Commission suggests talking to the employer first, since most problems get solved that way (read October 31, 2026). Put it in writing and keep a copy.

Hi (manager or payroll name). I reviewed my pay for the week of (date). My records show I worked (number) hours, including (number) overtime hours, but I was paid for (number). I believe I am owed (dollar amount). Please correct this by (date, such as the next payday) and send me a pay stub showing the change. If your records show something different, please send me a copy. Thank you. (your name, phone)

Change the facts to fit: "(dollar amount) was deducted for (uniform or shortage)," or "my tips of (amount) were not paid." Do not threaten or insult. Stick to dates and numbers. A complaint to your employer can count as protected activity, as explained below.

3. File if it is not fixed. Do not wait months for a reply.

Scroll horizontally to view every column.

If File with
You were not paid minimum wage or overtime, or tips were kept U.S. DOL Wage and Hour Division, 1-866-487-9243, or your state agency
You were paid less than the rate you were promised, or vacation you were promised Your state agency, or small claims court
You are not sure Call DOL. It says you will be directed to the nearest office

What a DOL complaint needs (U.S. DOL, read October 31, 2026):

  • Your name, address and phone
  • The company's name, location and phone
  • A manager's or owner's name
  • The type of work you did
  • How and when you were paid (cash or check, every Friday)
  • Pay stubs, personal records of hours, or anything else on pay practices

What happens next. DOL works with you to decide if an investigation fits. If it opens one, an investigator reviews records, interviews workers in private, and asks the employer to pay any back wages owed. DOL says complaints are confidential and its services are free. The catch: not every complaint becomes an investigation, and DOL's page gives no timeline. Georgia's labor department warns the federal route may be slow.

State agencies for the 10 JobPin states

Read October 31, 2026. For other states, use DOL's State Labor Offices list.

Scroll horizontally to view every column.

State Where to file Deadline the agency states
Arizona Industrial Commission Labor Department, 602-542-4661 1 year. Up to $12,000
California Labor Commissioner, 833-526-4636 3 years for minimum wage, overtime, meal and rest breaks, illegal deductions. 2 years for an oral promise, 4 for a written one
Colorado Division of Labor Standards and Statistics, 303-318-8441 Not confirmed; ask
Florida No state wage office confirmed. Use U.S. DOL or court. For state minimum wage, you must give written notice, and the employer gets 15 calendar days (Fla. Stat. 448.110) Ask a lawyer or legal aid
Georgia Georgia DOL points to U.S. DOL, or a wage claim in Magistrate Court in the employer's county Ask the court
Illinois Department of Labor, 217-782-6206 1 year
Massachusetts Attorney General Fair Labor Division, 617-727-3465 Not confirmed; ask
New York Department of Labor, Labor Standards, 888-525-2267. Covers unpaid wages, tips, illegal deductions Not confirmed; ask
Texas Texas Workforce Commission wage claim, 800-832-9243 180 days from when wages were due
Washington Labor and Industries Worker Rights Complaint, 1-866-219-7321 3 years

Deadlines: do not wait

Generally, you have 2 years to recover back wages under the FLSA, or 3 years if the violation was willful (29 U.S.C. 255; DOL Handy Reference Guide). The clock runs separately for each workweek, starting on the regular payday for that period (29 CFR 790.21). A suit counts as started when it is filed in court. So every week you wait, your oldest week may drop off.

State deadlines can be much shorter, as the table shows. In Texas, 180 days can pass before you finish asking politely.

Retaliation is illegal

FLSA section 15(a)(3) makes it illegal to fire or otherwise punish an employee for filing a complaint or taking part in a case (29 U.S.C. 215(a)(3); DOL Fact Sheet 77A, December 2011).

  • It covers oral and written complaints.
  • Complaints to DOL are protected. Most courts also protect complaints to your employer, but not all (Fact Sheet 77A).
  • It protects you from a former employer too.
  • Cut hours can count. DOL lists a reduced schedule as an example of retaliation (DOL, read October 31, 2026).

If it happens, write down the date and what changed, then call DOL or file a private suit. Remedies can include your job back, lost wages and an equal amount (Fact Sheet 77A). Being legally protected does not stop a bad employer from trying, so save your records first. If you lose the job, see unemployment benefits.

If you are undocumented

DOL's wage division enforces the FLSA "without regard to whether an employee is documented or undocumented" (DOL Fact Sheet 48, revised July 2008). Its complaint page says services are free and confidential "whether you are documented or not" (read October 31, 2026). The fact sheet covers pay for hours you actually worked. Back pay for time you did not work after a firing is a different question, so talk with legal aid before you act on that part.

Free legal help

  • Legal aid: the Legal Services Corporation funds nonprofit legal aid offices in every state. Search by address at lsc.gov (read October 31, 2026). It also points to LawHelp.org for free forms. It is meant for low-income people, so ask if you fit.
  • Your state agency or attorney general: see the table above.
  • Small claims court: for smaller amounts. Georgia's labor department says the filing fee can be collected along with wages if you win.
  • Next steps at work: an American Job Center can help you find the next job while your claim runs.

Your pay stub lines are explained in your first paycheck explained. To compare a new offer, see how to read pay on a job posting.

Current openings

Looking to move on? See warehouse jobs, general labor jobs and delivery jobs. By city: warehouse in Houston, delivery in Seattle.

How to verify a listing

Every opening on JobPin links to its source posting. Before you take a new job, save a copy of the posting with the pay rate, and get the rate and pay schedule in writing. A saved posting helps if you are later paid less. Be wary of offers paid only in cash or that call you a contractor while setting your shifts. More: job scam warning signs and how JobPin verifies listings.

How JobPin dates and sources listings: How JobPin verifies listings and events. Report a listing.

FAQ

What number do I call to report unpaid wages?

1-866-487-9243, the U.S. DOL Wage and Hour Division. It will direct you to the nearest office (DOL, read October 31, 2026). You can also file with your state agency.

Can I be fired for asking about my pay?

It is illegal to fire you for filing an FLSA complaint or taking part in a case (29 U.S.C. 215(a)(3)). Most courts also protect complaints made to your employer (DOL Fact Sheet 77A).

How long do I have to file?

Generally 2 years under federal law, 3 if willful (29 U.S.C. 255). State deadlines can be far shorter: 180 days in Texas, and 1 year in Illinois and Arizona.

Does my employer have to pay me if I clocked out and kept working?

Yes, if the employer knew or let it happen. Work "suffered or permitted" must be paid, and the reason you stayed does not matter (DOL Fact Sheet 22).

Can my employer take the cost of a uniform out of my check?

Only if it does not cut your pay below minimum wage or overtime (DOL Fact Sheet 16). At $7.75 an hour for 30 hours, the most it could take is $15.00. Some states are stricter.

Can I file if I do not have papers?

Yes. DOL says its services are free and confidential whether you are documented or not. It enforces wage laws for hours you worked regardless of status (DOL Fact Sheet 48).

Do I need a lawyer?

No. You can file with DOL or a state agency on your own. A lawyer or legal aid office helps if you want to sue, or if you were fired after complaining.

Last reviewed: October 31, 2026 by JobPin editorial team.

Sources

  • U.S. DOL, How to File a Complaint (read October 31, 2026): https://www.dol.gov/agencies/whd/contact/complaints
  • U.S. DOL, Information You Need to File a Complaint (read October 31, 2026): https://www.dol.gov/agencies/whd/contact/complaints/information
  • U.S. DOL, Handy Reference Guide to the FLSA (revised November 2023): https://www.dol.gov/agencies/whd/compliance-assistance/handy-reference-guide-flsa
  • U.S. DOL, Fact Sheet 13, Employee or Independent Contractor Classification (revised March 2024, with notices read October 31, 2026): https://www.dol.gov/agencies/whd/fact-sheets/13-flsa-employment-relationship
  • U.S. DOL, Fact Sheet 15, Tipped Employees (read October 31, 2026): https://www.dol.gov/agencies/whd/fact-sheets/15-tipped-employees-flsa
  • U.S. DOL, Fact Sheet 16, Deductions From Wages (revised July 2009): https://www.dol.gov/agencies/whd/fact-sheets/16-flsa-wage-deductions
  • U.S. DOL, Fact Sheet 21, Recordkeeping (revised July 2008): https://www.dol.gov/agencies/whd/fact-sheets/21-flsa-recordkeeping
  • U.S. DOL, Fact Sheet 22, Hours Worked (revised July 2008): https://www.dol.gov/agencies/whd/fact-sheets/22-flsa-hours-worked
  • U.S. DOL, Fact Sheet 23, Overtime Pay (revised October 2019): https://www.dol.gov/agencies/whd/fact-sheets/23-flsa-overtime-pay
  • U.S. DOL, Fact Sheet 44, Visits to Employers (revised January 2015): https://www.dol.gov/agencies/whd/fact-sheets/44-flsa-visits-to-employers
  • U.S. DOL, Fact Sheet 48, Application of U.S. Labor Laws to Immigrant Workers (revised July 2008): https://www.dol.gov/agencies/whd/fact-sheets/48-hoffman-plastics
  • U.S. DOL, Fact Sheet 77A, Prohibiting Retaliation (December 2011): https://www.dol.gov/agencies/whd/fact-sheets/77a-flsa-prohibiting-retaliation
  • U.S. DOL, Retaliation (read October 31, 2026): https://www.dol.gov/agencies/whd/retaliation
  • U.S. DOL, FLSA Questions and Answers (read October 31, 2026): https://www.dol.gov/agencies/whd/flsa/faq
  • U.S. DOL, Last Paycheck (read October 31, 2026): https://www.dol.gov/general/topic/wages/lastpaycheck
  • U.S. DOL, State Labor Offices (read October 31, 2026): https://www.dol.gov/agencies/whd/state/contacts
  • U.S. DOL, Field Assistance Bulletin 2025-1 (May 1, 2025): https://www.dol.gov/sites/dolgov/files/WHD/fab/fab2025-1.pdf
  • U.S. DOL, Field Assistance Bulletin 2025-3 (June 27, 2025): https://www.dol.gov/sites/dolgov/files/WHD/fab/fab2025-3.pdf
  • Federal Register, Employee or Independent Contractor Status, proposed rule, 91 FR 9932 (February 27, 2026): https://www.federalregister.gov/documents/2026/02/27/2026-03962/employee-or-independent-contractor-status-under-the-fair-labor-standards-act-family-and-medical
  • 29 CFR part 795 (eCFR, current as of October 29, 2026): https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-B/part-795
  • 29 CFR 785.19, Meal (eCFR, current as of October 29, 2026): https://www.ecfr.gov/current/title-29/section-785.19
  • 29 CFR 790.21, Time for bringing employee suits (eCFR, read October 31, 2026): https://www.ecfr.gov/current/title-29/section-790.21
  • 29 CFR 778.207, Other types of contract premium pay (eCFR, read October 31, 2026): https://www.ecfr.gov/current/title-29/section-778.207
  • Legal Services Corporation, I Need Legal Help (read October 31, 2026): https://www.lsc.gov/about-lsc/what-legal-aid/i-need-legal-help
  • Texas Workforce Commission, Texas Payday Law, Wage Claim (read October 31, 2026): https://www.twc.texas.gov/programs/wage-and-hour/texas-payday-law
  • California Labor Commissioner, How to File a Wage Claim (read October 31, 2026): https://www.dir.ca.gov/dlse/howtofilewageclaim.htm
  • Illinois Department of Labor, Wage Payment and Collection Act FAQ (read October 31, 2026): https://labor.illinois.gov/faqs/wage-payment-faq.html
  • Industrial Commission of Arizona, Unpaid Wage Claim Form (read October 31, 2026): https://www.azica.gov/forms/unpaid-wage-claim-form
  • Colorado Division of Labor Standards and Statistics, Worker Complaints (read October 31, 2026): https://cdle.colorado.gov/dlss/demands-complaints-responses-and-settlements
  • Massachusetts Attorney General, Breaks and time off, Fair Labor Hotline (read October 31, 2026): https://www.mass.gov/guides/breaks-and-time-off
  • New York DOL, Unpaid/Withheld Wages and Wage Supplements (read October 31, 2026): https://dol.ny.gov/unpaidwithheld-wages-and-wage-supplements
  • Washington L&I, Worker Rights Complaints (read October 31, 2026): https://www.lni.wa.gov/workers-rights/workplace-complaints/worker-rights-complaints
  • Washington L&I, Contact, employment standards and workplace rights line (read October 31, 2026): https://lni.wa.gov/agency/contact/
  • Georgia DOL, Individuals FAQs, Laws and Regulations (read October 31, 2026): https://dol.georgia.gov/faqs-individuals/individuals-faqs-laws-and-regulations
  • Florida Statutes 448.110 (2026): https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499%2F0448%2FSections%2F0448.110.html

Related

  • Documents You Need to Start a Job: Form I-9, W-4, Direct Deposit, and What to Do if Something Is Lost
  • Break Laws by State: Who Must Give You a Meal or Rest Break, and What to Do if You Do Not Get One
  • How to Quit a Job and Get Your Final Paycheck: Notice, Vacation Pay, Deductions, COBRA, and What You May Owe
  • Unemployment Benefits While You Job Hunt: How to Apply, What You Can Get, and What to Do if You Are Denied
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