If your regular payday has passed and you still have not received wages, contact your state labor department or the U.S. Department of Labor’s Wage and Hour Division (WHD)—do not wait indefinitely. The Department of Labor gives this direction specifically for a missing final paycheck; state agencies may also handle other wage claims under state law.
When should you contact a labor department?
Contact an agency when a scheduled payday passes without payment, or when you believe your employer has violated a wage rule. The U.S. Department of Labor says that if the regular payday for your last pay period has passed and you have not been paid, contact WHD or your state labor department: DOL’s last-paycheck guidance.
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You can also contact WHD with questions or a complaint about federal wage-and-hour protections, including minimum wage and overtime, if those rules cover your work. State requirements can differ from or extend beyond federal rules. For commissions, deductions, promised wages, or a delayed regular paycheck, check your state agency’s official wage-claim instructions; the process and available remedies depend on the state and the facts.
Which agency should you contact?
Use the Department of Labor’s state labor office directory to find your state agency and its current contact options. WHD is another route for questions or complaints involving federal protections. You do not necessarily have to contact one agency before the other; whether state or federal law applies, what the agency can investigate, and what remedy may be available depend on your claim.
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| Route | When it may fit | What to check |
|---|---|---|
| State labor department | A missed payday or a possible violation of state wage rules. | Your state’s claim process, deadlines, coverage, and remedies in the official state instructions. |
| U.S. Department of Labor Wage and Hour Division | A missing final paycheck, or a question or complaint involving federal wage protections such as minimum wage or overtime. | Whether the federal law applies to your work and the federal deadline for the claim. |
The Department of Labor’s state minimum-wage comparison, updated July 1, 2026, is a comparison resource, not a substitute for official state instructions. Confirm requirements with the relevant state labor office.
What information should you have ready?
Gather what you can, but do not put off a time-sensitive inquiry solely because you are missing a record. WHD’s complaint guidance asks for information about the worker, employer, work, relevant events, and pay method and timing.
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- Your name and contact information.
- The employer’s name and contact details, plus the manager or owner’s name if known.
- Your job and the work you performed.
- Relevant dates and pay periods, hours worked, and your pay rate.
- The amount you believe is unpaid and how and when the employer usually pays.
- Available pay statements, time records, schedules, written policies, messages, and any employer response.
A clear account of what happened and when can help the agency understand the issue. Keep your own copy of records and any calculation of the amount you believe is due.
How long do you have to claim unpaid wages?
For claims under the federal Fair Labor Standards Act (FLSA), WHD says the general limitations period is two years for non-willful violations and three years for willful violations. These are federal FLSA periods, not a universal deadline for state wage claims or every kind of pay dispute. State deadlines may differ. WHD advises filing as soon as possible so there is time for an investigation before the applicable period expires. See the agency’s FLSA FAQ and check your state’s deadline directly.
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Can you contact the agency if you still work there?
Yes. WHD says workers can call or visit an office to ask about the law or file a complaint. If you are unsure whether your situation falls under a wage rule, ask the agency about your circumstances rather than waiting for employment to end.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Will your employer find out if you complain?
WHD says discussions and complaints are confidential. It says it does not disclose a complainant’s name or the nature of the complaint except when disclosure is necessary to pursue an allegation with the complainant’s permission or when a court orders disclosure. Ask the agency how it will handle your identity in your specific matter.
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Federal law also prohibits retaliation for protected complaint activity under the FLSA. The Department of Labor’s Fact Sheet 77A explains that protected activity can include oral or written complaints and cooperating in an investigation. If you believe your employer has threatened or penalized you for raising a wage concern, tell the agency; WHD accepts retaliation complaints. 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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