Your employer has not paid your wages

How the law usually works

Employment laws generally require an employer to pay agreed wages on the regular payday and to follow minimum-wage, overtime, recordkeeping, and deduction rules. A written contract, offer letter, workplace policy, timesheets, pay statements, and messages about pay can help show what was owed.

Common issues include:

• Unpaid regular wages: Hours worked generally must be paid even if the employer later says the work was unauthorized, provided the employer knew or should have known it was performed.
• Unpaid overtime: In many places, eligible employees must receive a higher rate after working a specified number of hours. Exemptions can apply to some managerial, professional, commissioned, or highly paid roles.
• Unlawful deductions: An employer may not usually deduct money for shortages, equipment, uniforms, damage, or other costs if the deduction takes pay below the legal minimum or is not authorized by law or contract.
• Misclassification: Calling someone an “independent contractor” does not always determine their legal status. The real working relationship may control.
• Retaliation: Many wage laws protect workers who ask about pay, make a complaint, cooperate with an investigation, or exercise wage rights. Retaliation can include firing, reducing hours, threats, or undesirable assignments.
• Insolvency: If the employer is bankrupt or has stopped operating, an ordinary wage claim may compete with other creditors. Some countries have special government schemes for certain unpaid wages.

A wage claim may seek the unpaid amount, interest, penalties, legal costs, or an additional amount equal to some or all of the unpaid wages. The result depends on the applicable law and the evidence.

Common processes

1. Work out what is missing. People commonly compare pay statements with schedules, timesheets, bank deposits, employment agreements, and records of hours worked. It helps to separate ordinary wages, overtime, commissions, tips, holiday pay, and disputed deductions.

1. Ask the employer for an explanation. A written request usually identifies the pay period, hours or amounts involved, the amount believed to be owed, and a reasonable date for payment. Keeping the request professional can create a useful record without giving up legal rights.

1. Preserve evidence. People commonly keep copies of contracts, rosters, clock-in records, emails, text messages, payroll records, workplace policies, and notes of conversations. Records should be stored somewhere they can access if employment ends.

1. Check the correct government process. Depending on the location, a worker may complain to a labor department, employment standards agency, wage-and-hour agency, or workplace ombudsman. The agency may request records, contact the employer, investigate, issue a compliance order, or refer the matter to another process.

1. Consider a tribunal or court claim. Some claims proceed in an employment tribunal, small-claims court, civil court, or an administrative hearing. The process commonly involves filing a claim, serving the employer, exchanging evidence, attending a conference or hearing, and obtaining an order.

1. Consider settlement or mediation. A settlement may resolve payment, interest, fees, and employment-related claims. People commonly check whether a proposed release gives up other claims before signing it.

1. Consider group remedies. If several workers were underpaid in the same way, a government investigation, representative proceeding, or collective or class action may be available in some places. Special rules often govern participation and legal fees.

Deadlines and time limits

Deadlines differ substantially and may depend on the type of wage, the place of work, and whether the claim is filed with an agency or a court.

Typical examples include:

• In the United States, federal wage claims commonly use a two-year limitations period, or three years for a willful violation under the Fair Labor Standards Act. State deadlines may be longer or different, and some administrative complaints have separate deadlines.
• In England and Wales, most employment tribunal wage claims commonly have a deadline of three months less one day from the relevant deduction or end of employment, subject to the early-conciliation process and possible extensions. Ordinary court claims may have different deadlines.
• In Canada, deadlines vary by province or territory and by whether the claim is under provincial employment standards legislation, federal law, a contract, or a court process. Administrative complaint periods can be relatively short.
• In Australia, an underpayment claim in court is commonly subject to a six-year limitation period, but dismissal-related applications and some Fair Work processes have much shorter deadlines.

These are general ranges, not a calculation for a particular claim. A worker commonly confirms the applicable deadline with the relevant agency, court, or a licensed attorney where they live.

Documents that usually matter

Useful documents can include:

• Employment agreements, offer letters, and job descriptions
• Pay statements and payroll records
• Bank statements showing deposits or missing payments
• Timesheets, time-clock records, schedules, and calendars
• Emails, texts, or messages about hours, rates, overtime, commissions, or deductions
• Workplace policies and employee handbooks
• Records of tips, sales, expenses, leave, and holidays
• Notes identifying who gave instructions and when
• Documents showing a complaint and any later change in treatment
• Bankruptcy or insolvency notices, if the employer has ceased paying creditors

A worker commonly keeps the original files where possible and provides copies to an agency or court.

How it differs by jurisdiction

United States. The Fair Labor Standards Act sets federal minimum wage, overtime, and recordkeeping rules for covered workers, but states often provide higher minimum wages, broader protections, different final-pay rules, and additional remedies. The U.S. Department of Labor handles federal complaints, while state labor agencies may handle state-law claims. Whether a worker is exempt from overtime and whether the employer is covered can be decisive.

England and Wales. Unpaid wages are often described as an unlawful deduction from wages under the Employment Rights Act 1996. A worker may use an employment tribunal or, in some situations, a civil court. Acas early conciliation is commonly relevant before an employment tribunal claim. Contractual pay claims and statutory wage claims can follow different procedures and deadlines.

Canada. Employment standards are mainly provincial or territorial, although federally regulated industries fall under the Canada Labour Code. Each jurisdiction has its own minimum wage, overtime, complaint process, deadlines, and rules about deductions and vacation pay. A worker commonly checks whether the job is federally regulated before choosing an agency.

Australia. The Fair Work Act 2009 and modern awards commonly govern minimum rates, overtime, penalty rates, allowances, leave, and payslips. The Fair Work Ombudsman provides information and may investigate, while court proceedings can be used to recover underpayments. State systems and some public-sector workers may follow different arrangements.

When people consult a lawyer

Legal advice can be particularly useful when:

• The unpaid amount is substantial or involves many pay periods
• The employer disputes your employee status or says you are exempt from overtime
• You were fired, threatened, or treated badly after raising a pay concern
• The claim involves commissions, bonuses, tips, equity, or a complicated contract
• Several workers may have been underpaid
• The employer is insolvent, moving assets, or refusing to provide records
• A settlement, release, arbitration agreement, or confidentiality agreement is offered
• An agency, tribunal, or court has issued a deadline or hearing notice

A workers’ center, union, legal-aid service, labor agency, or licensed employment lawyer may be able to explain the available process and whether fees are recoverable.