How to File a Wage Claim: A Step-by-Step Guide for 2026
Filing a wage claim with the DOL or your state agency is free and does not need a lawyer. What to gather, a worked claim amount, how to file in five steps, and what happens after.
A wage claim is a formal request for pay you are legally owed. You can file with the U.S. Department of Labor's Wage and Hour Division (WHD), with your state labor agency, or with both. It is free, it can be confidential, and you do not need a lawyer to start.
Most people never file because they assume it is complicated. The federal form takes about fifteen minutes online, and an investigator does the legwork after that. The steps below are in the order that saves the most time.
Step 1: Decide which agency
The WHD enforces federal law: unpaid overtime, minimum-wage shortfalls, tip-credit abuse, off-the-clock work and illegal deductions. State agencies enforce state wage law, which often has higher minimums, longer lookbacks or bigger penalties. Filing with one does not block the other. Workers in California, New York and Washington often recover more under state law. If you are unsure, start with the WHD and let the investigator tell you about jurisdiction.
Step 2: Work out what you think you are owed
You do not need an exact figure to file, but a figure makes the claim harder to dismiss. Go week by week: your rate, the hours you actually worked, and what was actually paid.
Here is what that looks like. A worker paid $19 an hour is paid straight time for 46 hours a week for 30 weeks. The missing premium is 6 hours x $9.50 = $57 a week, or $1,710 over 30 weeks. With equal liquidated damages the claim is $3,420. The back-pay calculator produces this table for you, and the overtime calculator checks any single week.
Step 3: Gather what you have
Collect pay stubs for the period, clock-in printouts, your own log of hours, and any texts or emails where a manager asked for work outside your scheduled shift. Note your job title, pay rate and approximate hire date. If you do not have records, file anyway. The FLSA requires employers to keep payroll records for at least three years, and when those records are incomplete, investigators and courts hold the gap against the employer.
Step 4: File with the Wage and Hour Division
Use the WHD complaint page or call 1-866-487-9243. You will need the employer's name and address, your job title and pay rate, the date range of the violation and a short description of what happened. You do not have to cite a section of the FLSA. You can ask that your identity be kept confidential, and you will get a reference number when you submit. Save it.
Step 5: File with your state agency too
Most states have a labor commissioner, department of labor or wage board that handles state claims. California workers file with the Labor Commissioner, Texas workers with the Texas Workforce Commission, and Colorado workers with the Division of Labor Standards. State agencies are sometimes faster than the WHD and may reach back further. Filing both takes about thirty minutes.
If you would like the filing route and forms laid out for your state, along with a demand letter to send first, that is what the $29 Claim Kit contains. The free wage-claim guides cover every state's agency without it.
What happens after you file
The WHD assigns an investigator who reviews employer records, interviews employees, usually confidentially, and contacts the employer. You do not argue the case in person. If a violation is found, the employer is ordered to pay back wages plus liquidated damages. If it refuses, the Department of Labor can sue on your behalf. Investigations usually take two to twelve months depending on complexity. If the WHD closes your case without a result you agree with, you can still bring a private suit within the limitations period.
Frequently asked questions
Does filing cost anything? No. Agency complaints are free. You pay only if you hire a private attorney, and most wage attorneys work on contingency.
Can my employer fire me for filing? No. Retaliation is illegal under the FLSA and state law. If it happens, it becomes a second claim, so file a separate retaliation complaint right away and document the timing.
Should I use an agency or a lawyer? For a small, clear claim, the WHD is simplest. For large amounts, misclassification, or a problem affecting several coworkers, an attorney for unpaid wages usually recovers more.
Do the arithmetic before you file
A claim with a number in it moves faster and tells you whether a lawsuit is worth the effort. Run your hours and rate through the back-pay calculator, save the result, and attach it to your complaint. This is general information, not legal advice.
Related guides
- What Is Wage Theft? Types, Examples, and What You Can Recover Wage theft is any time an employer pays less than the law requires. The common forms, a worked off-the-clock example, how much you can recover, and where to report it.
- How to File a Department of Labor Complaint (Wage and Hour) How to file a Department of Labor wage complaint: what the form asks, an example narrative, how the investigation works, FY2025 recovery figures, and state agencies to file with too.
- What Is Back Pay? Definition, Types, and How to Calculate It Back pay is wages you were legally owed but never received. Under the FLSA you can recover up to three years of it, plus liquidated damages that often double your total. Here is how it works.
- Statute of Limitations on Unpaid Wages: How Long Do You Have? The FLSA gives you two years to recover unpaid wages, three if the violation was willful. Many states allow four to six. Every week you wait quietly narrows your recovery.