What is your problem, and what rule applies
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| 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.
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| 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.
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| 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.
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| 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.
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