Unpaid Wages — How to Get the Money Your Employer Owes You

If your employer hasn’t paid you, they’re breaking the law. The good news: there are free government agencies whose entire job is to recover wages on your behalf.

Federal Overtime Rules

Under the federal Fair Labor Standards Act (FLSA):

• You must be paid at least $7.25/hour (federal minimum wage)
• You must be paid 1.5x your regular rate for any hours over 40 in a workweek (overtime)
• Most employees are covered — with some exceptions for salaried exempt workers

Many states have higher minimum wages. Your employer must pay whichever is higher — state or federal.

State Minimum Wages (Selected)

• New Jersey: $15.13/hour
• California: $16.50/hour
• New York: $16.00/hour (NYC)
• Texas: $7.25/hour (federal minimum applies)
• Florida: $13.00/hour

How to File a Wage Claim

Option 1: State wage agency (usually fastest)
Every state has an agency that handles unpaid wage complaints. File online or by phone. Examples:

• NJ: Division of Wage and Hour Compliance — (609) 292-2305
• TX: Texas Workforce Commission — 1-800-832-9394
• CA: Division of Labor Standards Enforcement — 1-844-522-6734

Option 2: Federal — US Department of Labor
The Wage and Hour Division investigates federal violations. Free to file.

• 1-866-487-9243 | www.dol.gov/agencies/whd

Deadline to File

• Federal FLSA claims: 2 years (3 years for willful violations)
• Most state claims: 2–3 years depending on state

Don’t wait — deadlines are strict.

What to Bring/Document

• Your pay stubs (or records of what you were paid)
• Hours you worked (timesheets, clock-in records, calendar notes)
• Any written communications about your pay
• Your employment contract or offer letter if you have one