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October 24, 2022

How to File a Wage Complaint Against Your Employer: A Step-by-Step Guide

So, you’ve been shorted on your paycheck, and your boss isn’t exactly bending over backward to make things right. What now? If you’re thinking about filing a wage complaint, you’re not just standing up for yourself—you’re making sure your employer doesn’t pull the same stunt with someone else. But filing a complaint can feel like a big, scary process. The good news? It doesn’t have to be. Here’s your step-by-step guide to taking your boss to task and getting what’s yours.

Step 1: Gather Your Evidence

Before you go charging into battle, you need to arm yourself with the facts. Start by gathering all the documentation you can. This includes:

Pay stubs: Compare them with your records of hours worked. Are the numbers adding up? Look for discrepancies.

Timesheets or timecards: Whether you clock in manually or use an electronic system, get your hands on any records that show the hours you worked.

Employment contract or agreement: If you have one, it might outline your pay rate, hours, and other conditions that can support your claim.

Emails or written communications: If you’ve emailed your boss about missing pay or overtime and haven’t gotten a satisfactory response, that’s evidence too.

The more you can prove your case with cold, hard facts, the better your chances of getting justice.

Step 2: Check the Law

It’s time to do a little homework. Wage and hour laws can vary by state, so you’ll need to figure out what rules apply to your situation. Some things to look up include:

Minimum wage laws: Make sure you know the federal and state minimum wage. Your employer can’t legally pay you less than this.

Overtime laws: In most cases, if you work more than 40 hours a week, you’re entitled to overtime pay—usually 1.5 times your regular hourly rate.

Break laws: Some states require employers to provide paid breaks. If your boss has been skimping on this, you might have another claim.

A little research goes a long way. Knowing the law is your best defense against shady employers.

Step 3: Talk to Your Employer (One Last Time)

Before you file a formal complaint, give your employer one last chance to make things right. Approach them with your evidence and calmly explain the situation. Sometimes, employers are willing to correct mistakes when they realize you’re serious and informed. But if they refuse or dismiss your concerns, it’s time to take things up a notch.

Step 4: File Your Complaint

Now that you’ve gathered your evidence and done your research, it’s time to file your wage complaint. You’ll typically do this through your state’s labor department or wage and hour division. Here’s how to go about it:

1. Fill out the complaint form: Most states have an online form you can fill out, but you can also usually submit a paper form if you prefer. Be sure to include all the details—dates, times, amounts, and any evidence you’ve collected.

2. Submit your complaint: Once your form is filled out, submit it to the appropriate state agency. Some states allow you to file anonymously, but keep in mind that this might make the investigation more challenging.

3. Follow up: After you’ve filed your complaint, the state agency will investigate. This can take some time, so be patient. Keep an eye on your case and follow up if necessary.

Step 5: Consider Legal Action

If filing a complaint doesn’t resolve the issue, or if your case is particularly complex, it might be time to bring in the big guns—an employment attorney. An attorney can help you file a lawsuit against your employer for unpaid wages, and they might be able to get you additional compensation for things like interest and penalties.

What Happens Next?

Once your complaint is filed, the state agency will investigate. They might interview you, your employer, and any witnesses. If they find that your employer has violated the law, they’ll order them to pay you what you’re owed—and potentially hit them with fines or other penalties.

Remember, wage complaints aren’t just about getting the money you deserve—they’re about holding employers accountable. When you stand up for your rights, you’re helping to ensure that others aren’t treated unfairly, too.

Don’t Be Intimidated

Filing a wage complaint might seem daunting, but it’s your right as an employee. Employers count on the fact that many workers won’t speak up, which is exactly why you should. By following these steps, you can take control of the situation, protect your rights, and maybe even help other employees enforce their rights.