What to do when an employer doesn't pay you

Getting paid for your work is not a favor. It is your legal right. When an employer skips a paycheck, pays less than they owe, or bounces a check, that is called wage theft. It happens more often than most people realize, especially for hourly workers, tipped employees, and gig workers.

The good news is that you have real options. Federal law and most state laws protect you. And filing a wage claim does not cost you anything.

First, stay calm and start a paper trail.

Before you do anything else, gather your records. The more you document, the stronger your case.

• Save every pay stub you have, even photos of them on your phone.
• Write down the hours you worked each day. Use texts, emails, a notebook, or a notes app.
• Save any messages from your boss about your schedule or pay.
• Check your bank account for direct deposit records.
• If a check bounced, keep the check and get a letter from your bank showing it was returned.

Do this as soon as possible. Memories fade, and some records disappear.

Talk to your employer first, if it is safe to do so.

Sometimes a missing paycheck is a payroll mistake. Send a short written message, like a text or email, asking about the issue. Keep it calm and factual. Say something like: 'I did not receive my paycheck for the week of [date]. Can you let me know when it will be sent?'

A written message creates a record. It also gives your employer a chance to fix the error before you escalate.

Know your federal rights.

The Fair Labor Standards Act, or FLSA, sets the federal minimum wage and requires overtime pay. If you work more than 40 hours in a week, your employer usually must pay you 1.5 times your regular rate for those extra hours. Many states have stricter rules that may give you even more protection.

Gig workers and independent contractors have fewer protections under the FLSA. But if your employer has been calling you a contractor to avoid paying you correctly, that may still be illegal. The label does not always match the law.

File a free wage claim.

If your employer does not fix the problem, you can file a complaint with the U.S. Department of Labor's Wage and Hour Division (WHD). This is free. You can start online at dol.gov or by calling 1-866-487-9243.

You can also file with your state labor board. Many states move faster than the federal process and may recover more money for you. Search for '[your state] wage claim' to find the right agency.

You usually have a limited time to file. The federal deadline is two years from when the violation happened, or three years if the employer broke the law on purpose. State deadlines may be different. Do not wait.

You are protected from retaliation.

It is illegal for your employer to fire you, cut your hours, or treat you badly because you filed a wage claim or asked about your pay. If that happens, report it to the same agency where you filed your claim.

That said, look for a new job while you wait for your claim to be resolved. Claims can take months. You still need income.

Watch out for quick-cash traps.

When your paycheck is late or missing, you may feel pressure to get cash fast. Payday loans and paycheck advance apps can seem helpful, but some charge very high fees that make your situation worse. If you need emergency help, first check local nonprofits, community action agencies, food banks, and utility assistance programs. Many are free.

You are not alone.

Millions of workers face wage problems every year. Filing a claim is not starting trouble. It is using a system that was built to protect you. You earned that money. You have every right to ask for it.