The short answer: To claim wage theft, keep your own dated record of the hours you actually worked and every pay stub, then raise it with your employer in writing. If it's not fixed, file a claim with your state labor department or the U.S. Department of Labor's Wage and Hour Division — the authorities that enforce wage law. When an employer's records are missing, your own consistent record is what your claim rests on.
Unpaid wages are recoverable — with a record and the right authority. This guide shows you both.
How do I prove wage theft?
Keep your own dated log of hours worked — start, finish, breaks, and any off-the-clock tasks — and save every pay stub. Compare them: the gap between hours worked and hours paid is your claim. Where an employer has not kept accurate records, your own consistent record becomes the basis of what you file.
Should I raise it with my employer first?
Usually yes, and in writing. A written request to be paid correctly, referencing your records, sometimes resolves it directly and always creates a dated record that you raised it. Keep a copy. If they fix it, good; if they do not, that written record becomes part of your claim to the labor authority.
Who do I file a wage claim with?
Your state labor department (or labor commissioner) handles most wage claims, and the U.S. Department of Labor's Wage and Hour Division enforces federal wage law. These are the authorities built to recover unpaid wages. You file a claim with your documented record — your hours log, pay stubs, and the gap between them.
What's the escalation path for a wage claim?
Typically:
- Raise it with your employer in writing.
- File a claim with your state labor department or the U.S. Department of Labor.
- The agency investigates and can order payment.
- Court, if needed.
The documented record you built carries through every step. The strength of a wage claim is that a government agency, not just you, enforces it.
Are there deadlines on wage claims?
Yes — wage claims have time limits that vary by state and by whether it is a state or federal claim. Because the clock is running, start documenting and act promptly. A dated record built as you work protects you and helps you file within the deadline.
When should I start documenting?
As soon as you suspect underpayment. A daily record built over time is far stronger than reconstructing your hours later — and it is what makes both raising it with your employer and filing a claim effective.
Every dispute has a body above it.
docmydispute keeps the dated record, drafts the letter, and shows you the exact ladder for your situation.
Questions
Common questions
- How do I prove wage theft?
- Keep your own dated log of hours worked and every pay stub; the gap between hours worked and paid is your claim. Where an employer's records are missing, your own consistent record is what the claim rests on.
- Who do I report wage theft to?
- Your state labor department or the U.S. Department of Labor's Wage and Hour Division, which enforce wage law and can recover unpaid wages.
- What counts as wage theft?
- Unpaid overtime, shaved hours, off-the-clock work, withheld tips, unlawful deductions, or misclassification to avoid overtime. Which of these applies to you depends on your state and your role.
- When should I start documenting?
- As soon as you suspect underpayment — a daily record is far stronger than reconstructing hours later, and wage claims have deadlines.
General information, not legal advice. Wage laws and deadlines vary by state. For your situation, consult a qualified lawyer or your labor department.