Unpaid Wages Calculator — State Minimum Wage & Claim
Filing Guide

Unpaid wages include: regular hourly wages not paid for hours worked; overtime (1.5× your regular rate for hours over 40/week under FLSA, some states require daily overtime); minimum wage violations (employer paying below the applicable state or federal minimum); missed meal and rest break premiums (California and a few other states); commission, bonuses, or incentive pay owed under your employment contract; final paycheck not delivered on time; and tip credits claimed when tips didn't bring you to minimum wage. Misclassification as an independent contractor when you're actually an employee is one of the most common wage theft methods.

You have two main paths: (1) file an administrative complaint with your state's labor department (faster, no court, no attorney required — but recovery is often limited to wages owed + interest); or (2) file a federal lawsuit under the Fair Labor Standards Act (FLSA), which allows recovery of unpaid wages + an equal amount in liquidated damages + attorney's fees, meaning your employer pays double plus your lawyer. State law claims often have longer statutes of limitations and may provide additional remedies. Many attorneys file both simultaneously. The right path depends on the amount owed, your state's remedies, and whether the employer has assets to pay a judgment.

Under the FLSA: back wages owed + 100% liquidated damages + attorney's fees + court costs. If your employer willfully violated the law, the statute of limitations extends from 2 to 3 years. Under state law, some states add triple damages (CA provides 30 days' wages as a penalty for late final paychecks), waiting time penalties, civil penalties against the employer, and personal liability for the employer's officers. In class actions or collective actions, individual recoveries are smaller but the aggregate can force compliance across all similarly situated employees.

Federal FLSA claims: 2 years (3 years for willful violations). State administrative claims vary significantly: California (3 years under the Labor Code; 4 years under the UCL unfair business practices theory); New York (6 years under the NY Labor Law); Florida (5 years for minimum wage violations); Texas (2 years); Illinois (3 years); Ohio (2 years). State deadlines are often longer than the FLSA and can be highly favorable. Missing a deadline permanently bars the claim, so act promptly — especially for state administrative complaints where the procedure is simpler.

Retaliation is illegal under the FLSA (and most state equivalents). Employers cannot fire, demote, reduce hours, threaten, or otherwise retaliate against an employee for filing a wage complaint, participating in an investigation, or discussing wages with coworkers. If you experience retaliation, document it immediately and file a separate retaliation complaint. Retaliation claims can be filed with the Department of Labor Wage and Hour Division or through private litigation. Retaliation by an employer who knows FLSA prohibits it is itself a willful violation.

For small claims (under $10,000): filing directly with your state's labor department is free and doesn't require an attorney. The agency investigates, and if successful, collects wages on your behalf. For larger claims, misclassification cases, or situations involving retaliation: an employment attorney is strongly recommended. Most wage-and-hour attorneys work on contingency (no upfront fee), and under FLSA the employer pays your attorney's fees if you win — making representation essentially free for you if you have a valid claim. Class and collective actions against employers with systemic violations are handled entirely by plaintiffs' firms on contingency.