Your employer ignored your wage demand. Here's what's next.
Federal and state law authorize wage-and-hour complaints with the Department of Labor and state labor agencies — and in many states the penalty is double or triple the unpaid amount.
You sent a wage demand. They ignored it. That's actually common — employers calculate that most workers won't follow up, and most don't. The ones who do follow up usually get paid, often with statutory penalties on top of the wages owed.
The Fair Labor Standards Act (29 U.S.C. § 216(b)) provides for liquidated damages equal to the amount of unpaid wages — meaning you can recover double what you were originally owed. Many states layer additional penalties: Arizona allows treble damages (3x). California has waiting-time penalties. New York provides up to 100% in liquidated damages plus interest. Most states also award attorney fees, which is why employment attorneys often take these cases on contingency.
The U.S. Department of Labor's Wage and Hour Division accepts complaints at dol.gov/agencies/whd. Filing is free. State labor agencies have parallel processes. Once a complaint is filed, the agency typically opens an investigation and can compel payment — and retaliation against you for filing is independently illegal under federal and state law.
Legal mechanisms now in play
- Federal FLSA liquidated damages (29 U.S.C. § 216(b)) — doubles the unpaid amount
- State-specific treble or waiting-time penalties (3x in Arizona, daily-rate waiting-time in California, Alaska, Oregon)
- Reasonable attorney fees recoverable under federal and most state statutes — drives contingency representation
- U.S. Department of Labor (Wage and Hour Division) investigative authority
- Anti-retaliation protections — retaliation for asserting wage rights is an independent violation with its own damages
Final Notice — Unpaid Wages Pre-Complaint
References your original wage demand letter by date. Recalculates the amount owed under your state's penalty multiplier. States your intent to file with the U.S. Department of Labor's Wage and Hour Division AND your state labor agency within a short deadline. Reminds the employer that retaliation will be documented and added to the complaint.
$19.00 ($9.00 if you bought our earlier letter — apply via the receipt URL or QR code in your first letter's PDF)
Start the Final Notice — Unpaid Wages Pre-Complaint →Frequently asked
How long do I have to file a wage claim?
The federal FLSA statute of limitations is 2 years for ordinary violations, 3 years for willful violations. State statutes vary — California is 3 years for most wage claims; New York is 6. File sooner rather than later: each pay period that passes can fall outside the statute.
Will my employer retaliate if I file with DOL?
It's illegal under federal law and most state laws, and retaliation is treated as a separate violation with its own damages. That said, it happens. Document everything: schedule cuts, demotion, hostile communication, anything that changed after you asserted your rights. Retaliation cases often pay out more than the original wage claim.
Am I an employee or an independent contractor?
The employer's after-the-fact label doesn't decide it — federal and state law use multi-factor tests that focus on control, integration into the business, and economic dependence. If you've been called a 1099 contractor but treated like an employee (fixed hours, supervisor, employer-supplied tools), you may have a misclassification claim on top of the wage claim. This is one of the most common employment-attorney consultations.
Do I have to use a lawyer?
No. DOL Wage and Hour Division complaints are designed for workers to file directly — it's free. State labor agencies are similar. Lawyers add value for complex cases (multi-state work, misclassification, retaliation, bankruptcy by employer) and often work on contingency under the FLSA's fee-shifting provision.
How much does the next-step letter cost?
$19 standalone, or $9 if you bought our original wage demand letter — your receipt URL or QR code applies the discount automatically.