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A free scan shows the junk files, broken settings and background clutter dragging Windows down - then fixes them in one click.Free scan · Windows 10 & 11If your regular payday has passed and wages are still missing, contact your state labor department or the U.S. Department of Labor’s Wage and Hour Division (WHD). You do not need to wait indefinitely or have every document in hand before asking what to do next. Which agency and process apply depends on the type of pay dispute, your state, and the law involved.
When should you contact a labor department?
For a missing final paycheck, the U.S. Department of Labor says to contact WHD or your state labor department if the regular payday for your last pay period has passed and you have not been paid. Its last-paycheck guidance gives a clear trigger: once that payday has passed, seek help rather than simply waiting.
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You can also contact an agency if you believe your employer violated a wage rule, even if the issue is not a final paycheck. The route may differ for unpaid commissions, deductions, promised wages, or a delayed regular paycheck. State law and the details of the claim determine what applies.
Which agency should you contact?
State labor departments enforce state requirements, while WHD handles questions and complaints about covered federal wage-and-hour protections, including federal minimum wage and overtime rules. Those protections can overlap with state rules, which may differ or offer broader requirements. You do not generally have to treat one agency as a required first stop unless the law or instructions for your particular claim say so.
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Use the U.S. Department of Labor’s state labor office directory to find your state agency and its contact route. Check that agency’s current wage-claim instructions for eligibility, process, available remedies, and deadlines; procedures are not identical nationwide.
- Payday passed and wages are missing: Contact your state labor office or WHD.
- Minimum-wage or overtime concern: WHD can answer questions and accept complaints about covered federal protections. State rules may also apply.
- Commission, deduction, promised-pay, or delayed-pay dispute: Check your state agency’s official wage-claim instructions because coverage and remedies depend on state law and the facts.
- Threat or adverse action after raising a concern: Tell the agency about the retaliation concern; WHD accepts complaints about retaliation under the FLSA.
- Not sure whether your situation qualifies: WHD says workers may call or visit an office to ask about the law or file a complaint.
For a state minimum-wage comparison, DOL’s state minimum-wage page was updated July 1, 2026; DOL cautions that the relevant state labor office is the source for official state information.
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What information should you gather?
Collect what you can before contacting the agency, but do not put off a time-sensitive inquiry just because a record is missing. WHD’s complaint guidance asks for information about the worker, employer, work, relevant events, and how and when pay was made.
- Your name and contact information.
- The employer’s name and contact details, plus the manager or owner if known.
- Your job and the work you performed.
- The relevant dates and pay periods, hours worked, and pay rate.
- The amount you believe is unpaid and how you calculated it.
- How and when the employer usually pays you, and any employer response to your inquiry.
- Available pay statements, time records, schedules, written policies, and messages about the dispute.
WHD investigators review employer records as part of their work, so you do not have to resolve every discrepancy before reaching out. See the agency’s complaint process and contact information for what to expect when making an inquiry or complaint.
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How long do you have to claim unpaid wages?
For claims under the federal Fair Labor Standards Act (FLSA), the general limitations period is two years for non-willful violations and three years for willful violations, according to WHD’s worker FAQ. These are federal FLSA periods—not universal deadlines for every state claim or every type of pay dispute. State deadlines may differ.
WHD advises filing as soon as possible so an investigation can be completed before the applicable period expires. Confirm the deadline for your specific claim with the relevant state agency or WHD rather than assuming the federal period controls.
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Will your employer find out if you complain?
WHD says discussions and complaints are confidential. It says the complainant’s name and the nature of the complaint are not disclosed except when disclosure is necessary to pursue an allegation with the complainant’s permission, or when a court orders disclosure. Ask the agency how identity would be handled in your particular matter.
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1Scan for outdated or missing drivers - takes under a minute2Clear out junk files and repair common Windows errors3Fix the driver behind crashes, sound loss and screen glitchesFLSA rules prohibit retaliation for protected complaint activity. WHD’s Fact Sheet 77A explains that protected activity may include oral or written complaints, filing a complaint, or cooperating in an investigation. If you believe your employer retaliated, tell WHD or the relevant agency. The fact sheet is agency guidance and says it is not an official statement of position with the force of law.
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