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To file a complaint for unpaid wages under the FLSA, you may either go to the WHD, which may pursue a complaint on your behalf, or file your own lawsuit in court (which may require you to hire an attorney). Do not delay in contacting the WHD or your state agency to file a claim.
When an employer fails to pay an employee the applicable minimum wage or the agreed wage for all hours worked, the employee has a legal claim for damages against the employer. To recover the unpaid wages, the employee can either bring a lawsuit in court or file an administrative claim with the state's labor department.
Contact the Department of Labor. You should call the Department of Labor (DOL) at 1-866-487-9243. You will then be transferred to a local office. There are over 200 local offices around the country. Your local office will help you complete a claim for unpaid wages.
Time to File Under Federal Law Under the Fair Labor Standards Act (FLSA), you must typically file your lawsuit within two years of the date of your employer's wage violation. If the wage violation is ongoing, you will only be allowed to recover unpaid wages for the two years prior to filing your claim.
In a wage claim, you can collect wages that your employer failed to pay, for things like overtime, commissions and bonuses, travel time, business expenses, meal and rest breaks, unauthorized deductions from your paycheck, and delays in providing your final paycheck.
If your employer refuses to pay you what you've earned, you have every right to sue them for those unpaid wages. This is also true for workers who quit or were fired and haven't yet been compensated for their final days or weeks of labor. If you worked before your termination, you made money and deserve to see it.
Contact your employer (preferably in writing) and ask for the wages owed to you. If your employer refuses to do so, consider filing a claim with your state's labor agency. File a suit in small claims court or superior court for the amount owed.
Under the Fair Labor Standards Act (FLSA), you must typically file your lawsuit within two years of the date of your employer's wage violation. If the wage violation is ongoing, you will only be allowed to recover unpaid wages for the two years prior to filing your claim.
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