Document the shortfall from your own records, raise it in writing, then file with your state labor agency or the federal Wage and Hour Division — both are free and neither requires a lawyer. The federal limitation period is two years, three for a wilful violation, and it runs backwards from the day you file. Courts can award an equal amount again as liquidated damages, though the Department of Labor no longer seeks those in pre-litigation settlements.
Build the record first
Hours by day, pay received, and the rate that should have applied. Employers are required to keep accurate records, and where they have not, a reasonable estimate by the employee can carry the claim. That rule only helps someone who kept something of their own.
Raise it internally, in writing
A short factual message naming the dates, the hours and the difference. A meaningful share of these are payroll errors that get corrected once documented, and the message creates a dated record either way.
Choose where to file
State labor agency where the state rate or rule is more generous, which is usually where the larger amount sits. Several states also provide penalties on top of the wages.
Federal Wage and Hour Division for federal minimum wage and overtime. It investigates, it is free, and you do not need a lawyer.
Private lawsuit, which is where liquidated damages remain available. Since 2025 the Department has not sought liquidated damages in pre-litigation investigations and settlements, so an administrative route and a court route no longer recover the same amounts.
The deadline is what kills claims
Two years federally, three if wilful, counted backwards from filing. Every week you wait deletes the oldest week from the claim. Several states allow longer, which is another reason to check the state route first.
Retaliation is a separate claim
Prohibited under the FLSA, and often easier to prove than the underlying wage dispute because the timing does much of the work. Keep the dates of your complaint and of anything that follows it.
Common questions
What do I need before filing?
Your own record of hours by day, pay received and the rate that should have applied. An employer's missing records do not defeat a reasonable estimate.
Where should I file?
Your state labor agency where its rules are more generous, or the federal Wage and Hour Division. Both are free and neither needs a lawyer.
How long do I have?
Two years federally, three for a wilful violation, counted backwards from the day you file. Several states allow longer.
Can I recover more than the wages?
Courts can award an equal amount again as liquidated damages. Since 2025 the Department has not sought them in pre-litigation settlements.
Can I be punished for claiming?
Retaliation is prohibited and is a separate claim, often easier to prove than the wage dispute itself.