{"id":357850,"date":"2016-04-04T10:45:32","date_gmt":"2016-04-04T15:45:32","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/employment\/wages-and-benefits\/how-to-report-unpaid-wages-and-recover-back-pay.html"},"modified":"2025-03-16T08:52:00","modified_gmt":"2025-03-16T13:52:00","slug":"how-to-report-unpaid-wages-and-recover-back-pay","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/employment\/wages-and-benefits\/how-to-report-unpaid-wages-and-recover-back-pay.html","title":{"rendered":"How to Report Unpaid Wages and Recover Back Pay"},"content":{"rendered":"\n
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Can I Sue My Employer for Not Paying Me?<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Susan Mills Richmond, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

Wage theft is illegal and occurs when employers do not pay their employees for their work. Federal and state laws require payment for hours worked (including overtime) and set minimum wages. If employers fail to comply, employees have the right to recover owed wages through the Wage and Hour Division (WHD) or by suing.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

Imagine how frustrating it would be to have your employer refuse to pay you for your work. While it is rare, this does happen from time to time. There are various reasons this would happen. Perhaps your employer doesn’t have the money to pay you and your coworkers. Or your manager may believe you lied about the hours you’ve worked.<\/p>\r\n

You have the right to all earned wages. Contact an employment law attorney<\/a> to understand your rights and guide you through the steps to recover your wages. You may need to sue your employer depending on how much you demand. Your attorney can help determine if this is the best way to proceed.<\/p>\r\n

The good news is that federal law dictates employers pay their staff for their work hours. Companies must also pay their employees the correct amount. They can’t shortchange you by paying you less than you earned. Violating these laws is "wage theft<\/a>."<\/span><\/p>\r\n

This article will explain your rights when it comes to your earned wages. It will also discuss what to do if your employer fails to pay you under the law.<\/p>\r\n

Who Enforces Wage and Hours Laws?<\/h2>\r\n

The U.S. Department of Labor’s Wage and Hour Division<\/a> (WHD) enforces the Fair Labor Standards Act<\/a> (FLSA). The FLSA dictates when and how employers must pay their workers.<\/p>\r\n

Under this act, employers must pay hourly employees time and a half (overtime) for any hours above 40 per week. This law also states that employers must pay all employees at least minimum wage.<\/p>\r\n

State and local labor laws exist besides the federal rules the Department of Labor sets. Cities and states are continually advancing the regulations in place to help workers.<\/p>\r\n

For more information, see FindLaw’s Wage and Hour Laws<\/a> section.<\/p>\r\n

Can You Sue a Company for Underpaying You?<\/h2>\r\n

You can sue your employer if you’re underpaid. You’ll need to submit a claim through WHD and wait for the department to investigate the claim. It will decide if your claim is valid, and if so, they’ll submit a legal order to your employer to pay you your missing wages.<\/p>\r\n

This is a common remedy for wage violations<\/a>. Your employer must pay the difference between what they paid you and what you should have received. This difference is "back pay<\/a>."<\/p>\r\n

If your WHD claim isn’t successful, you can consider suing your employer in small claims court.<\/p>\r\n

What Factors Does the WHD Consider When Reviewing Your Claim?<\/h2>\r\n

Labor laws and wage laws can be tricky. Your ability to sue or recover missing wages depends on many factors.<\/p>\r\n

Some of these factors include:<\/p>\r\n