Not paid what you earned? What to do, in every state.
Missing hours, a late or missing final paycheck, no overtime, pay under minimum wage. See the rules that apply everywhere, then pick your state for its rules in plain words, where to file, and the deadline. Every rule links to where we found it, and nothing you type leaves your device.
This is information, not legal advice. Laws change. This page is current as of November 14, 2026. For advice about your situation, talk to legal aid or a lawyer.
What to do first
- Write down your hours and pay dates. Each day: when you started, when you stopped, and breaks. Each payday: the date and what you got. Write it the same day if you can.
- Keep your proof. Save pay stubs, schedules, texts, emails, photos of time sheets, and any bank deposits. Keep copies somewhere your employer cannot delete them, like your own phone or email.
- Ask in writing. Send a short, polite text, email or letter saying which pay is missing or late and asking when it will be paid. Keep a copy with the date. Some states require this step before you file.
- File a claim. If you are still not paid, file with your state labor agency (see your state below) or the US Wage and Hour Division. Filing is free with the Wage and Hour Division. Watch the deadline: each missed payday has its own clock.
These are general steps, not a rule of any state. Keep your records together while you sort it out.
US Wage and Hour Division, free: 1-866-487-9243 · How to file a complaint
The federal rules, in every state
These come from the federal wage law (the Fair Labor Standards Act). Where a state or city sets a higher standard, the employer must follow both, so you get the better one.
Federal minimum wage
The federal minimum wage is $7.25 an hour. It has not changed since July 24, 2009. Many states and cities set a higher rate, and when they do the employer must pay the higher one.
From the federal law or an official federal source29 U.S.C. 206(a)(1) · Read the source
Overtime
Most workers must get 1.5 times their regular pay rate for every hour over 40 in a workweek. Hours cannot be averaged over two weeks. Being paid a salary does not by itself take away overtime unless the job is truly exempt.
From the federal law or an official federal source29 U.S.C. 207(a)(1); DOL Fact Sheet #23 · Read the source
Time limit to file
You generally have 2 years from each unpaid payday to bring an FLSA claim. If the employer broke the law on purpose (willfully), the limit is 3 years. Each late or missing paycheck starts its own clock, so waiting can cost you the oldest weeks. Filing a complaint with the Wage and Hour Division does not stop this clock for a lawsuit.
From a secondary source (a published copy of the US Code on Cornell Law School's Legal Information Institute), not an official copy of the law. Check before you rely on it.29 U.S.C. 255(a) · Read the source
How to file with the US Wage and Hour Division
Call the US Department of Labor's Wage and Hour Division toll-free at 1-866-487-9243 (1-866-4-USWAGE), or call or visit a local Wage and Hour office. Filing is free. Have your employer's name and address, your job, how and when you were paid, and any pay stubs or hour records ready.
From the federal law or an official federal sourceDOL Wage and Hour Division, How to File a Complaint · Read the source
Your complaint is confidential
Complaints to the Wage and Hour Division are confidential. The Division does not tell the employer the name of the person who complained or what the complaint was about, unless you agree to it so the case can go forward, or a court orders it.
From the federal law or an official federal sourceDOL WHD Frequently Asked Questions for workers · Read the source
Punishing you for complaining is illegal
It is illegal to fire or punish a worker for filing a wage complaint, speaking with investigators, or testifying. A worker who is punished can sue for lost pay, an equal extra amount, getting the job back, and attorney fees.
From a secondary source (a published copy of the US Code on Cornell Law School's Legal Information Institute), not an official copy of the law. Check before you rely on it.29 U.S.C. 215(a)(3); 29 U.S.C. 216(b) · Read the source
Immigration status
The Wage and Hour Division enforces the wage laws no matter what a worker's immigration status is. Workers without papers are still owed pay for hours they already worked.
From the federal law or an official federal sourceDOL WHD Frequently Asked Questions for workers · Read the source
Money the government already collected for you
If the Department of Labor already collected back wages for you, you can search for them in the Workers Owed Wages (WOW) tool by your employer's name and then your own name. The Department holds unclaimed back wages for 3 years before sending them to the US Treasury.
From the federal law or an official federal sourceDOL WHD Workers Owed Wages · Read the source
Pick your state
Pick your state above. Its minimum wage, final paycheck rules, where to file, the deadline and free help will show here.
When was my final paycheck due?
Pick what happened and type your last day of work. We only show a date when your state's rule is one fixed number of calendar days. Otherwise we show the rule itself. We do not count what you are owed.
Pick your state first.
We count every calendar day, weekends and holidays included, starting the day after your last day.
Sources, and how sure we are
We read each state rule in the statute, an official state page, or a secondary source like a law firm summary or a copy of the law. Laws change and some cities add their own rules. Before you act, check the linked source or ask the free legal help listed for your state.
Current as of November 14, 2026.
That is 8 answers for each of 50 states and Washington, D.C. The federal rules above are from federal law and the US Department of Labor.
Who made this, and how to correct it
This is information, not legal advice. Laws change. For advice about your situation, talk to legal aid or a lawyer.
Made by Known Quantity LLC, a small Rhode Island company, as free public-interest work. We have no relationship with any employer, agency or legal service, and no one paid for this page. We do not see or keep anything you type here.
If we got something wrong or a law has changed, email [email protected] with the source and we will fix it.
Also useful: You lost your job: the first 30 days · Know your rights as a renter · Small claims court in your state · A debt collector contacted you? · Help you may be owed: benefits and where to apply · All our free help pages
Free to reuse, copy, print and share, with or without credit. Current as of November 14, 2026.
Know someone who was shorted?
Send them this page. It is free, and nothing they type is saved. We also build free public-interest tools for people and small charities.