If an employer has not paid you the minimum wage or overtime, you can file a wage claim with the US Department of Labor without a lawyer and without paying a fee. The agency that handles it is the Wage and Hour Division (WHD).
This guide covers what WHD does, what to prepare before you file a wage claim, what happens after, and the one form to read carefully before you accept any money.
What the Wage and Hour Division handles
WHD enforces the Fair Labor Standards Act. That covers the federal minimum wage of $7.25 an hour, overtime pay for hours over 40 in a workweek, and related record-keeping and child labour rules. It also enforces some other federal laws, such as the Family and Medical Leave Act.
WHD does not handle everything. A missing final paycheck or unpaid vacation pay is usually a matter of state law, so your state labour department is the right place for those. If your state’s minimum wage is higher than the federal rate, the state agency is also usually the better route for the difference.
Before you file a wage claim: what to have ready
You do not need every document. But the more of this you can give, the faster WHD can act:
- Your name, address and phone number
- The employer’s name, address and phone number, and the owner’s or manager’s name
- What kind of work you did and where you did it
- How and when you were paid: hourly, salary, cash, cheque, by the job
- Your own record of dates and hours worked
- Pay stubs, schedules, texts or emails about pay
Your own notes count as evidence. If the employer kept no records, your reasonable record of hours can carry a lot of weight.
How to file a wage claim
Call WHD on 1-866-487-9243, or contact your nearest WHD office through the How to File a Complaint page. Help is available in more than 200 languages.
Two points worth knowing:
- It is confidential. WHD does not disclose the name of the person who complained, or the fact that a complaint was made, to the employer.
- Immigration status does not matter. WHD enforces wage laws for workers regardless of status, and it does not ask about it.
What happens after you file a wage claim
WHD reviews the complaint and decides whether to investigate. An investigation can include interviews, a review of payroll records and a visit to the workplace. It can take weeks or months.
If WHD finds you were underpaid, it usually asks the employer to pay the back wages. The Secretary of Labor can also sue the employer in court, and in that case may seek an equal extra amount, called liquidated damages.
Read the waiver before you accept payment
When back wages are paid under WHD supervision, you are usually asked to sign a receipt form. Read it before you sign.
Under the FLSA, agreeing to accept back wages supervised by WHD generally means you give up the right to sue for those same unpaid wages and the extra damages (29 U.S.C. § 216(c)). If the amount offered seems low, or a lawyer has told you you could recover double, ask questions before you sign. You are allowed to refuse and keep your right to sue.
The clock keeps running
Filing with WHD does not stop the deadline on your own lawsuit. That deadline is two years from each short payday, or three if the violation was willful. Our guide to how long you have to claim unpaid wages explains how it works. If the investigation is slow and your oldest paydays are close to expiring, speak to a lawyer about filing in court instead.
When a lawyer is the better route
- The amount is large, or several workers are owed money
- You were fired or punished after complaining
- The employer disputes that you were an employee at all
- Your deadline is close
Many employment lawyers offer a free first consultation. Some take wage cases on contingency, so you pay only if you recover money. The FLSA also lets a winning worker recover attorney’s fees from the employer.
Official sources
- Wage and Hour Division: How to File a Complaint
- 29 U.S.C. § 216, penalties and the right to sue
- State labour offices directory
About this article
Last reviewed: 7 October 2026. This is general information, not legal advice. GlobalUnpaid is an information site, not a law firm, and laws change. For your own situation, check the official sources below or speak to an employment lawyer.