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To file a complaint for unpaid wages under the FLEA, you may either go to the WHO, 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 WHO or your state agency to file a claim.
There is also a common misconception that unpaid wages can be reported on a person's taxes as a deduction. While the IRS does allow deductions for certain types of losses, it does not allow deductions for losses due to uncompensated labor.
Reporting Unpaid Overtime Settlements Interest is taxable, but it's reported on the Taxable interest line of the return. And if you receive an award for emotional distress, it too is taxable, but it's reported on the Other income line.
No Tax Deduction for Lost Wages. A. Unfortunately, there is no significant tax benefit for you from this situation. You are simply out the cash. The Internal Revenue Service does not permit taxpayers to deduct the value of their own donated labor, which is, in essence, what your forgone salary would be considered.
If they don't receive the payment from the customer, they can deduct the amount of the invoice as a bad debt expense in the tax year that they write it off. However, a cash-basis taxpayer cannot write off the invoice because the amount of the invoice was never included in their taxable income.
With an unpaid invoice, you never receive revenue, so you have no revenue from which to write off the unpaid invoice. However, once you determine that you're not getting paid for that invoice, you need to write it off as a bad debt, so you're not paying more tax than you should.
Time to File Under Federal Law Under the Fair Labor Standards Act (FLEA), 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.
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.

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