How to File a Wage Claim: A Step-by-Step Guide
Filing a wage claim with the DOL or your state labor agency is free and confidential. Here's what to prepare, how to file, and what happens next.
A wage claim is a formal request for back pay you believe you are legally owed. You can file with the U.S. Department of Labor's Wage and Hour Division (WHD), your state's labor agency, or both. The process is free and confidential — you do not need a lawyer to start it.
Federal vs state: which agency to use
The WHD enforces the federal FLSA: unpaid overtime, minimum wage shortfalls, tip credit abuse, off-the-clock work, and illegal deductions. State labor agencies enforce state wage laws, which often go further — higher minimum wages, longer lookback periods, or higher liquidated damages. Filing with one does not prevent filing with the other, and in most cases you should consider both. If you are unsure, start with the WHD; they can advise on jurisdiction.
What to gather before you file
Strong documentation helps, but you can file without it. Collect whatever you have: pay stubs covering the period in question; time records, clock-in printouts, or a personal log of your hours; any texts, emails, or messages showing your employer required work outside scheduled hours; your job title, pay rate, and approximate hire date; and a calculation of the amount you believe is owed.
If you lack records, do not let that stop you. The FLSA requires employers to maintain accurate payroll records for at least three years. If an employer's records are incomplete, courts and investigators treat the absence against the employer, not against you. Your testimony and a reasonable estimate carry significant weight.
How to file with the WHD
Go to dol.gov/agencies/whd/contact/complaints and complete the online form, or call 1-866-487-9243. You will be asked for your employer's name and address, your job title and pay rate, the approximate date range of the violation, and a short description of what happened. You do not need to cite the specific section of the FLSA — the investigator determines that. You will receive a reference number when the complaint is submitted.
How to file with your state agency
Most states have a labor commissioner, department of labor, or wage board that handles state wage claims. Search 'file a wage claim [your state]' for the correct agency. California's Labor Commissioner, New York's Division of Labor Standards, and similar bodies in other states often have online portals. State agencies can be faster than the WHD and may reach further back in time.
What happens after you file
The WHD assigns an investigator who reviews employer records, interviews employees (confidentially if possible), and contacts the employer. This is not a court proceeding — you do not have to argue your case in person. If a violation is found, the employer is ordered to pay back wages plus liquidated damages. If they refuse, the Department of Labor can sue them in federal court on your behalf.
Investigations typically take two to twelve months, depending on complexity. If the WHD closes your case without a finding you agree with, you still have the right to file a private lawsuit, as long as you are within the statute of limitations.