Can I Sue My Employer for Unpaid Wages? Here’s How

If you have not been paid wages or overtime pay for time that you’ve worked, you may be wondering, “Can I sue my employer for unpaid wages?” As an experienced wage and hour law firm who represents clients in unpaid wage cases, we can tell you that federal law provides strong protections for workers with respect to their wage and hour rights. The Fair Labor Standards Act (FLSA) is the primary federal law that ensures employees receive at least the federal minimum wage and overtime pay for any hours worked over 40 in a workweek. When an employer fails to pay you properly, you have the right to take legal action, and may be entitled to double damages plus attorneys’ fees and costs and additional damages under state laws as well. In this article, we explain how wage claim attorneys help workers recover their unpaid wages and outline the steps involved in an FLSA wage claim.

Understanding Unpaid Wages Under Federal Law

“Unpaid wages” refers to any instance where an employer does not fully compensate you for your work. Under the FLSA, covered employees are entitled to a minimum wage of $7.25 per hour and overtime pay at one-and-a-half times their regular rate for all hours worked beyond 40 in a week. If your employer pays you less than the minimum wage, refuses to pay overtime, asks you to work “off the clock,” or otherwise withholds rightful pay, they are violating federal wage laws.

Common FLSA violations include not paying overtime to non-exempt employees, paying a flat salary for long hours without additional overtime pay to non-exempt employees but claiming they should be salaried (misclassification case),  making illegal deductions that bring your pay below minimum wage, or making workers work off the clock like not paying remote workers in a call center for all their boot up time until they log into a time keeper. All of these scenarios may give rise to an unpaid wage claim under federal law.

Importantly, the FLSA covers most workplaces and employees in the United States. Even if you are paid a salary, you might still be entitled to overtime pay unless you fall under a specific exempt category. Your job title alone does not determine whether you qualify for overtime; it depends on your actual duties and pay. If you suspect your employer has misclassified you to avoid paying overtime, a wage claim attorney can evaluate your situation. We often find that employers misclassify workers as “exempt” from overtime or as independent contractors, leading to unpaid overtime wages. Regardless of how the violation occurs, federal law is on your side to recover the wages you earned.

Can You Sue Your Employer for Unpaid Wages?

Yes – and in many cases, filing a lawsuit is the most effective way to recover your hard-earned pay. The FLSA specifically gives employees the right to bring a private lawsuit against an employer who fails to pay minimum wage or overtime as required. In fact, the law states that an employer who violates these wage provisions “shall be liable” to the affected employee for the amount of unpaid wages plus an equal additional amount in liquidated damages. In plain terms, you can recover double the unpaid wages as compensation in an FLSA lawsuit – essentially, the unpaid wages and a matching amount as a penalty to the employer. Furthermore, the FLSA mandates that the employer must pay the employee’s reasonable attorneys’ fees and court costs if the employee wins the case.

This is crucial because it means that hiring an FLSA lawsuit lawyer to sue for unpaid wages is feasible even if you cannot afford to pay a lawyer up front – the law intends for the employer to foot the bill when the employee’s claim is proven. Further, you can potentially recover three years of wages from the date of suit as well as any shorting of pay after you commence the action.

Federal law also prohibits employers from retaliating against employees who assert their rights. Under the FLSA, employers cannot fire, demote, cut hours, or otherwise punish workers for complaining about unpaid wages or for filing a wage claim. Many workers are afraid to out of fear of retaliation, but the law provides strong protection. As experienced employment lawyers, we reassure our clients that the law shields them when they assert their wage rights, and we are prepared to take action if an employer tries any form of retaliation.

How to Recover Unpaid Wages

When you realize you have unpaid wages, the first thing you should do is contact a wage and hour law firm. They can help you understand your rights. When you research online, you will notice that many articles discuss gathering evidence, which is fine, but you should ensure that the evidence you are gathering is done in a lawful manner. If you try to gather evidence illegally, you can put yourself at risk.

The attorneys may look for pay stubs, timesheets, schedules, emails, or any other records that show when you worked and how much you were (or were not) paid. If you kept your own record of hours or have coworker statements, they can be extremely useful. Employers are required by federal law to keep accurate records of hours and pay, so if the employer failed to track your time may result in a violation or a potential negative inference against them during the litigation

An experienced wage and hour attorney (sometimes called a wage claim attorney) can evaluate your situation and advise you on the best course of action. Many workers start by searching for an “unpaid wages lawyer near me” to find local help. It’s wise to choose a lawyer familiar with federal wage law and the FLSA. During a consultation, we will review the facts, calculate the amount of unpaid wages and overtime due, and determine whether you have a valid claim under the FLSA. If you do, an attorney can formally pursue the claim on your behalf.

You generally have two options to recover unpaid wages: (1) file a complaint with the U.S. Department of Labor’s Wage and Hour Division (WHD), or (2) file a lawsuit in court. The WHD is the federal agency that enforces the FLSA and can investigate employers. The Department of Labor can sometimes resolve wage claims by supervising payment of back wages or even suing the employer for you. However, the agency has limited resources and cannot take on every case, so its process may be slow and even more so with the government presently thinning out its staff. Additionally, the government workers just receive a stat for successfully closing out the case, not based on how much they recover, but in contrast a private overtimes rights law firm is only paid if they win your case, so they are incentivized to maximize your recovery. This is why many workers choose to hire a wage claim attorney and file a private lawsuit. By suing your employer directly, you have more control over the case and can potentially recover not just the unpaid wages but also liquidated damages and legal fees.

If you decide to move forward with an overtime lawsuit, your attorney will prepare a legal complaint detailing how your employer violated the FLSA. Often, these cases are filed in federal court. Your FLSA lawsuit lawyer may try to negotiate a settlement with your employer, but if the employer refuses to pay what is owed, the case can through  litigation and potentially to trial. Throughout this process, having a skilled wage and hour attorney is critical – we handle all the legal complexities, help collect evidence lawfully (including through discovery if needed), and advocate aggressively for you in court.

It is important to act quickly, as the FLSA has a statute of limitations on unpaid wage claims. In general, you can recover wages going back up to two years from the date you file your lawsuit. If your employer’s violation was “willful,” the lookback period extends to three years. This means if you wait too long, some of your older unpaid wages could become unrecoverable. Waiting too long could mean losing part of your claim, so it is best to speak with an attorney as soon as possible. Please do not rely on anything here regarding the statute of limitations of when you can file a claim – things change, laws change, so you need to speak with an attorney as soon as possible to understand your unpaid wage rights.

How an Experienced Wage Claim Attorney Can Help

Pursuing an unpaid wage claim can be daunting, but you don’t have to go at it alone. Working with an experienced wage claim attorney greatly increases your chances of success. As lawyers who focus on wage and hour violations, we know the ins and outs of the FLSA and how to build a strong case. We will help you calculate exactly what you’re owed, including overtime premiums and any double damages available. We also know how to gather the right evidence – whether it’s time records, company policies, or witness testimony – to prove that your employer broke the law.

Another benefit of having an FLSA lawsuit lawyer is dealing with the legal procedural requirements. From filing the complaint to navigating court deadlines and settlement negotiations, we handle the heavy legal lifting so you can focus on your job or on finding a new one. If your employer retaliates or threatens you, we can seek additional remedies for that unlawful behavior as well. Having a lawyer by your side also sends a message to your employer that you are serious about your rights, which can often encourage a fair settlement.

Finally, remember that the law entitles you to recover attorneys’ fees if you win your unpaid wage case. This provision exists to encourage workers to enforce their rights without fear of legal costs. In other words, the employer who wronged you will be responsible for the legal bills at the end of the case. Our firm typically handles unpaid wage lawsuits on a contingency basis, meaning we only get paid if we win. This aligns our interests with yours – we are determined to fight for the maximum compensation allowed by law, whether through a negotiated settlement or a court judgment.

Take Action to Recover Your Unpaid Wages

Yes, you can sue your employer for unpaid wages, and federal law gives you powerful tools to do so. If your employer has failed to pay you the minimum wage, overtime, or any earned compensation, don’t ignore the problem. You work hard for your paycheck, and you have a legal right to every penny. The FLSA exists to protect workers like you, and courts can hold employers accountable when they violate the law.

Getting started is often the hardest part. We recommend reaching out to a qualified wage claim attorney who can assess your case and explain your options. An initial consultation is usually free, and it can give you clarity on the strength of your claim. Remember, time may be of the essence due to the statute of limitations, so it’s wise not to delay. Our employment law firm has represented numerous clients in unpaid wage and overtime cases, recovering millions in back pay and damages on behalf of workers. If you’re searching for an unpaid wages lawyer near me, we are ready to help. Taking legal action not only helps you reclaim your lost wages – it also sends a message that workers must be treated fairly.

1. U.S. Department of Labor – Wages and the Fair Labor Standards Act (FLSA). (Describes federal minimum wage and overtime requirements under the FLSA) – dol.gov/agencies/whd/flsa
2. Fair Labor Standards Act, 29 U.S.C. § 216(b). (Employees’ right to sue for unpaid wages, liquidated damages, and attorney’s fees under federal law) – Cornell Law School – Legal Information Institute
3. U.S. Department of Labor – Back Pay – Wage and Hour Division. (Explains methods for recovering unpaid wages and FLSA statute of limitations) – dol.gov/general/topic/wages/backpay
4. U.S. Department of Labor – Fact Sheet #77A: Prohibiting Retaliation under the FLSA. (Details the FLSA’s prohibition against employer retaliation for wage complaints) – dol.gov/agencies/whd/fact-sheets/77a-flsa-prohibiting-retaliation