How do I recover unpaid wages in the US?
You can file a complaint with the U.S. Department of Labor's Wage and Hour Division, file with your state labor agency, or bring a private lawsuit. Many wage cases proceed as collective or class actions. The FLSA allows recovery of unpaid minimum wage and overtime plus an equal amount in liquidated damages and attorneys' fees.
What are liquidated damages for unpaid wages?
Under the FLSA, an employee owed unpaid minimum wage or overtime is generally entitled to that amount plus an equal amount as liquidated damages, effectively doubling the recovery. The employer can avoid liquidated damages only by proving it acted in good faith with reasonable grounds to believe it was complying with the law.
Does off-the-clock work count as unpaid wages?
Yes. Time spent working before or after your shift, during unpaid meal breaks, or performing required tasks off the clock is generally compensable under the FLSA. Employers must pay for all hours they knew or should have known you worked. Automatic meal-break deductions when you actually worked can create a claim.
How long do I have to file an unpaid wages claim?
The FLSA statute of limitations is two years, or three years for willful violations. State wage laws often provide longer periods — for example, some states allow three to six years. Because deadlines vary and unpaid amounts keep accruing, it is best to act promptly and preserve time and pay records.