Use this unpaid wages guide to build a clear demand letter for Charleston.
Charleston Unpaid Wages: Your Complete Guide to Recovering Owed Compensation
When Charleston employers fail to pay workers the wages they have earned, South Carolina and federal law provide remedies for recovery. Whether you are dealing with a final paycheck that was never issued, overtime compensation that was denied, tips that were improperly withheld, or minimum wage violations, understanding your legal rights is essential for securing the compensation you deserve. Charleston's diverse economy, spanning tourism, healthcare, manufacturing, and technology, means wage disputes arise in virtually every industry.
The Lowcountry's employment landscape presents unique challenges for workers seeking to recover unpaid wages. From hospitality workers at downtown hotels and restaurants to professionals at the Port of Charleston and medical staff at MUSC, employees throughout the Charleston metropolitan area face situations where employers violate wage and hour laws. These violations may be intentional or may result from employer ignorance of complex wage regulations, but either way, workers are entitled to the wages they have earned.
South Carolina's approach to wage and hour law differs from many other states. The Palmetto State has not enacted a state minimum wage law, instead deferring to federal standards under the Fair Labor Standards Act (FLSA). However, South Carolina does have the Payment of Wages Act, codified at Section 41-10-10 et seq. of the South Carolina Code, which establishes important protections regarding the timing and method of wage payments and provides penalties for employer violations.
Federal law provides the primary framework for minimum wage and overtime claims in Charleston. The Fair Labor Standards Act establishes the federal minimum wage (currently $7.25 per hour), requires overtime pay at 1.5 times the regular rate for hours worked over 40 in a workweek, and regulates other aspects of compensation. For Charleston workers, understanding how the FLSA interacts with South Carolina state law is crucial for effectively pursuing wage claims.
This comprehensive guide addresses the concerns of Charleston-area workers facing unpaid wage situations. We will examine the applicable federal and state laws, provide step-by-step guidance for documenting claims and demanding payment, explain the remedies available through administrative agencies and courts, and identify local resources that can assist workers in enforcing their rights. Whether you are owed a few hundred dollars in unpaid overtime or several thousand in withheld wages, this guide will help you understand your options and pursue recovery.
Federal and South Carolina Wage Laws Protecting Charleston Workers
The legal framework protecting Charleston workers from wage theft combines federal statutes and South Carolina state law, each providing distinct protections and remedies. Understanding this framework is essential for effectively pursuing unpaid wage claims.
The Fair Labor Standards Act (FLSA), codified at 29 U.S.C. Section 201 et seq., establishes the primary federal standards governing wages and hours. The FLSA applies to employers engaged in interstate commerce or producing goods for interstate commerce, which includes virtually all Charleston employers of any significant size. The Act establishes the federal minimum wage, currently $7.25 per hour, and requires covered employers to pay non-exempt employees overtime at 1.5 times their regular rate of pay for all hours worked over 40 in a workweek.
The FLSA creates important exemptions that frequently give rise to disputes. Executive, administrative, professional, and outside sales employees who meet specific criteria are exempt from overtime requirements. Computer employees earning at least $27.63 per hour may also be exempt. Many Charleston employers incorrectly classify employees as exempt when they do not actually meet the statutory criteria, resulting in unpaid overtime claims. The exemption analysis is fact-intensive and depends on actual job duties, not just job titles.
For tipped employees, which are prevalent in Charleston's substantial hospitality industry, the FLSA permits employers to pay a reduced cash wage of $2.13 per hour if tips bring total compensation to at least the minimum wage. This tip credit system requires that employers inform employees of the tip credit provisions, that employees actually receive at least the minimum wage when tips are included, and that employees retain all tips except for valid tip pooling arrangements. Violations of tip credit requirements are common and can result in substantial liability.
South Carolina's Payment of Wages Act, found at Section 41-10-10 et seq. of the South Carolina Code, provides state-level protections that supplement federal law. This statute requires employers to notify employees of their wages, hours, and payment schedules at the time of hiring. It also requires that employers pay wages at least once every 30 days and on regular paydays. When employment terminates, employers must pay all wages due within 48 hours or the next regular payday, whichever comes first.
The Payment of Wages Act provides significant remedies for violations. Under Section 41-10-80, employees who are not paid wages due may recover three times the amount of unpaid wages, plus costs and reasonable attorney's fees. This treble damage provision creates substantial incentive for employers to pay wages promptly and discourages violations. The statute also provides for criminal penalties for willful violations, with employers potentially facing fines and imprisonment.
South Carolina law addresses wage deductions in Section 41-10-40, which limits the circumstances under which employers may make deductions from wages. Deductions are permitted for legally required withholdings, deductions authorized in writing by the employee, and deductions for the employee's benefit if authorized in writing. Unauthorized deductions, such as those for cash register shortages or damaged equipment, may constitute wage theft.
For commission-based compensation, which is common in Charleston's retail and sales industries, the Payment of Wages Act requires that employers maintain written agreements specifying how commissions are calculated and when they become payable. Disputes over commission calculations and timing are common and are resolved under these statutory provisions.
Federal law also addresses specific industries and circumstances relevant to Charleston. The Service Contract Act requires contractors providing services to the federal government to pay prevailing wages determined by the Department of Labor. The Davis-Bacon Act imposes similar requirements on federally funded construction projects. Charleston workers on federal contracts may have additional protections beyond general wage laws.
Workers have the choice of pursuing claims under federal or state law depending on which provides the most favorable remedies for their circumstances. Federal claims may be filed with the Department of Labor's Wage and Hour Division or in federal court. State claims may be filed with the South Carolina Department of Labor, Licensing and Regulation or in state court. For many Charleston workers, the state remedy providing treble damages offers more significant recovery than federal remedies.
Step-by-Step Guide to Recovering Unpaid Wages in Charleston
Recovering unpaid wages requires systematic action to document your claim, demand payment, and pursue available remedies. The following guide walks Charleston workers through the process from initial documentation to recovery.
Before taking any action, calculate exactly how much you are owed. For unpaid regular wages, multiply your hourly rate by the hours you worked but were not paid. For overtime claims, calculate the overtime premium (half your regular rate) for each overtime hour worked. For minimum wage claims, determine the difference between what you were paid and what you should have been paid. For final paycheck claims, calculate all wages, including accrued vacation if your employer's policy provides for vacation payout.
Gather all evidence of the hours you worked. This includes pay stubs showing hours reported, time sheets or time cards, electronic timekeeping records, calendars or planners where you recorded hours, emails or messages with time-stamped evidence of work, and witness statements from coworkers. If you did not keep personal records, reconstruct your hours as accurately as possible based on your regular schedule and any documentation you can obtain.
Gather all documents related to your compensation arrangement. This includes your offer letter or employment agreement, any wage notices provided at hiring, employee handbooks describing pay policies, commission agreements if applicable, direct deposit records, pay stubs, and W-2 forms. These documents establish your agreed-upon compensation rate and the employer's pay practices.
Determine whether you were properly classified as exempt or non-exempt for overtime purposes. Many Charleston employers incorrectly classify workers as exempt. Review your actual job duties, not just your title. If you spent most of your time performing routine tasks without exercising significant independent judgment, you may have been misclassified. Salary level alone does not determine exemption status.
Prepare a formal written demand for unpaid wages. Your letter should identify you and your position, describe the wages owed (regular pay, overtime, commissions, etc.), calculate the total amount due, cite the applicable law (Fair Labor Standards Act and/or South Carolina Payment of Wages Act Section 41-10-10 et seq.), and demand payment within a specific timeframe, such as 15 days.
Send your demand letter via certified mail with return receipt requested to create proof of delivery. Address it to the employer's principal place of business or registered agent. Retain copies of the letter, the certified mail receipt, and the return receipt. For current employees, consider whether sending such a letter might affect your employment and whether to consult an attorney first.
If the employer does not respond satisfactorily, file a complaint with the U.S. Department of Labor, Wage and Hour Division. The WHD investigates FLSA violations and can compel employers to pay back wages and penalties. Complaints can be filed online, by phone, or in person at the nearest WHD office. The investigation process can take several months but involves no cost to the worker.
Alternatively or additionally, file a complaint with the South Carolina Department of Labor, Licensing and Regulation (LLR). The LLR investigates violations of the South Carolina Payment of Wages Act and can pursue enforcement actions against employers. South Carolina claims may provide treble damages under Section 41-10-80, which may exceed federal remedies.
For significant claims, especially those involving overtime misclassification affecting multiple employees, consider consulting an employment attorney. Many attorneys handle wage claims on contingency, meaning they are paid only if you recover. Under the FLSA, successful plaintiffs may recover attorney's fees from employers, making legal representation economically feasible for many claims.
For smaller wage claims that do not justify attorney involvement, Charleston County Magistrate Court provides an accessible forum for claims up to $7,500. You can pursue state law claims without an attorney. Prepare your documentation carefully and present your case clearly.
Be aware of time limits for filing claims. FLSA claims generally must be filed within two years of the violation, or three years for willful violations. South Carolina Payment of Wages Act claims are subject to the state's three-year statute of limitations for statutory claims. Do not delay in pursuing your claim.
Both federal and state law prohibit employer retaliation against workers who assert wage claims. If you experience retaliation for pursuing wages owed, you may have additional claims against your employer. Document any adverse actions that occur after you assert your wage rights.
Essential Documentation for Charleston Wage Claims
Successful wage claims depend on evidence demonstrating what compensation was agreed upon, what hours were worked, and what payments were received. Charleston workers should gather comprehensive documentation to support their claims.
Pay Records and Wage Statements
Pay stubs provide essential information about hours paid, rates applied, deductions taken, and pay periods covered. Gather all pay stubs from the relevant employment period. If you did not receive pay stubs, you may request wage records from your employer or, if the employer fails to provide them, note this failure as itself a violation of wage laws requiring employers to maintain records.
Time Records
Documentation of hours worked is crucial, particularly for overtime claims. Gather copies of time cards, time sheets, or electronic timekeeping printouts. If your employer kept time records but did not provide copies, you may request them. If no employer records exist, personal records such as calendars, day planners, or apps where you tracked hours become important. Reconstruct your schedule as accurately as possible.
Employment Documents
Your offer letter, employment agreement, or any written documentation of your compensation establishes the terms of your employment. Include wage notices provided at hiring, commission agreements, bonus policies, employee handbook provisions on pay, and any amendments or changes to your compensation terms. These documents prove what you were supposed to be paid.
Communications with Employer
Save all communications with your employer regarding pay issues. This includes emails discussing pay rates or hours, text messages about scheduling, written requests for payment, employer responses to complaints, and any admission or acknowledgment of amounts owed. These communications can prove the employer's knowledge of the issues and may contain admissions.
Bank Records
Bank statements showing direct deposits or deposited paychecks provide independent verification of payments received. They can help establish the pay dates, amounts actually received, and any discrepancies between what you should have received and what was deposited.
W-2 Forms and Tax Documents
Year-end tax documents show total wages reported for the year. Comparing W-2 amounts to your records of hours worked can reveal discrepancies. Keep all tax documents from the employment in question.
Calculation Worksheets
Create detailed worksheets showing your wage calculations. For overtime claims, show each week's regular hours, overtime hours, regular rate, and overtime premium owed. For minimum wage claims, show hours worked and the difference between wages paid and minimum wage due. Clear calculations make your claim easier to evaluate and more credible.
Witness Information
Coworkers may be able to corroborate your schedule, job duties, or employer pay practices. If others can support your account, obtain their contact information. In potential class or collective action cases, coworker testimony may be essential. Note that some coworkers may be reluctant to get involved while still employed.
Job Descriptions and Duty Records
For overtime exemption disputes, evidence of your actual job duties is critical. Gather job descriptions, performance evaluations discussing duties, emails showing tasks assigned, and any documentation of what you actually did at work. The exemption analysis depends on actual duties, not job titles, so evidence of day-to-day work is important.
Company Policies and Handbooks
Employee handbooks often contain pay policies, overtime rules, commission structures, and related information. Retain copies of any handbooks or policy documents you received. These may establish the employer's stated practices against which their actual conduct can be measured.
Critical Deadlines for Charleston Wage Claims
Understanding and adhering to deadlines is essential for Charleston workers pursuing wage claims. Missing limitations periods can permanently bar recovery, regardless of the validity of your claim.
Fair Labor Standards Act Statute of Limitations
FLSA claims must generally be filed within two years of the violation. This means two years from the date the wages should have been paid. For ongoing violations like continuing failure to pay overtime, each pay period creates a new violation with its own limitations period. However, for willful violations, where the employer knew or showed reckless disregard for the law, the limitations period extends to three years. The determination of willfulness can affect the amount recoverable.
South Carolina Payment of Wages Act Limitations
Claims under the South Carolina Payment of Wages Act are subject to the state's three-year statute of limitations for statutory claims under Section 15-3-530. This longer period may allow recovery of wages going back further than federal claims would permit. For workers with claims spanning several years, pursuing state claims may provide greater recovery.
Final Paycheck Deadline
Under South Carolina law, when employment terminates, employers must pay all wages due within 48 hours or the next regular payday, whichever comes first. If your employer missed this deadline, document when you should have been paid and when (if ever) payment was actually received. Late payment of final wages is itself a violation entitling you to remedies.
Administrative Complaint Filing
While administrative agencies do not always impose strict filing deadlines, prompt filing improves your chances of recovery. Evidence becomes stale, witnesses forget details, and employers may become judgment-proof over time. File complaints with the Wage and Hour Division or South Carolina LLR as soon as practical after wages become due.
Collective Action Opt-In Deadlines
If your employer's violations affect multiple employees and a collective action is filed under the FLSA, other affected workers have a limited time to opt into the case. These deadlines vary by case and are set by the court. Workers who miss opt-in deadlines may lose the opportunity to participate in group litigation.
Retaliation Claim Deadlines
If you experience retaliation for asserting wage rights, time limits apply to retaliation claims as well. FLSA retaliation claims generally must be filed within two years. South Carolina retaliation claims may have different limitations. Document any adverse actions promptly and consult resources about retaliation claims if you experience reprisal.
Demand Letter Timing
While there is no legal deadline for sending a demand letter, sending one promptly after wages become due demonstrates that you are actively pursuing your rights. A demand letter sent within weeks of a wage violation carries more weight than one sent years later. Prompt action also preserves evidence and witness memories.
Court Filing Deadlines After Agency Action
If you file an administrative complaint and are not satisfied with the outcome, you may have a limited time to file suit in court. The specific deadlines depend on the agency involved and the type of claim. Consult legal resources about your rights to private action if agency processes do not resolve your claim.
Common Mistakes Charleston Workers Make in Wage Claims
Charleston workers pursuing unpaid wage claims frequently make avoidable mistakes that weaken their positions or reduce their recovery. Understanding these pitfalls can help you navigate the process more effectively.
Not Keeping Personal Time Records
Many workers rely entirely on employer time records, only to find that employers manipulated records, lost them, or never kept accurate records to begin with. Workers who maintained their own contemporaneous time records have much stronger claims. If you are currently employed and concerned about wage issues, start keeping personal records immediately.
Accepting Incorrect Exempt Classification
Workers often accept employer statements that they are exempt from overtime without questioning whether they actually meet the legal criteria. Many Charleston employees classified as exempt actually perform non-exempt duties and are entitled to overtime. Do not assume your employer correctly classified you; evaluate your actual job duties against the legal tests.
Waiting Too Long to Act
The statute of limitations continues to run while workers delay. Each week that passes without action may mean lost wages that could have been recovered with prompt filing. Additionally, evidence becomes harder to gather and memories fade. Address wage issues as soon as they arise.
Not Understanding Tip Credit Rules
Tipped workers in Charleston's hospitality industry sometimes do not understand the complex tip credit provisions. Employers must provide proper notice, ensure total compensation equals at least minimum wage, and respect tip ownership rules. Workers who do not understand these rules may not recognize violations.
Failing to Document Retaliation
Workers who assert wage rights sometimes face employer retaliation but do not document it carefully. Without documentation, retaliation is hard to prove. If you experience adverse treatment after raising wage concerns, document everything, including dates, specific incidents, and witnesses.
Resigning Before Consulting Resources
Some workers quit in frustration before understanding their rights, potentially weakening their position or complicating their claims. Before resigning over wage issues, consult legal resources to understand your options. In some cases, remaining employed while pursuing administrative remedies may be advantageous.
Not Considering All Owed Compensation
Workers sometimes focus on one type of wage violation while overlooking others. A worker owed overtime may also be owed for missed meal breaks, improper tip pooling, or unreimbursed business expenses. Evaluate all aspects of your compensation to ensure you are pursuing full recovery.
Signing Releases Without Understanding Them
Employers sometimes ask departing employees to sign releases waiving wage claims, often in exchange for severance or final paychecks. Signing such releases without understanding their implications can eliminate valid claims. Do not sign any release without understanding what you are giving up.
Miscalculating Overtime
Overtime calculation can be complex, especially for workers with variable hours, multiple pay rates, or non-hourly compensation components. Incorrect calculations weaken claims and reduce credibility. Take time to understand how overtime should be calculated for your situation.
Not Pursuing All Available Remedies
Some workers file only with one agency without considering other options. Federal and state administrative remedies have different advantages. Private litigation may provide greater recovery. Consider all available remedies before committing to a single path.
Frequently Asked Questions About Unpaid Wages in Charleston
South Carolina has not enacted a state minimum wage, so the federal minimum wage of $7.25 per hour applies throughout Charleston and South Carolina. This rate has been in effect since July 2009. Some Charleston employers voluntarily pay higher wages, and certain federal contractors may be required to pay prevailing wages that exceed the federal minimum. Tipped employees may be paid $2.13 per hour cash wage if tips bring total compensation to at least the minimum wage.
Under the South Carolina Payment of Wages Act (Section 41-10-50), when employment ends, your employer must pay all wages due within 48 hours or by the next regular payday, whichever comes first. This applies regardless of whether you quit or were terminated. Failure to timely pay final wages entitles you to pursue treble damages under Section 41-10-80.
Yes. Under Section 41-10-80 of the South Carolina Payment of Wages Act, employees who are not paid wages due may recover three times the amount of unpaid wages, plus costs and reasonable attorney's fees. This treble damage provision provides significant recovery beyond just the wages themselves. Federal claims under the FLSA provide for liquidated damages equal to the unpaid wages plus attorney's fees.
If you are being paid less than $7.25 per hour (or less than the total of cash wages plus tips if you are a tipped employee), document your hours and pay carefully, then file a complaint with the U.S. Department of Labor, Wage and Hour Division. You may also have claims under South Carolina law. Minimum wage violations can result in recovery of back wages, liquidated damages, and attorney's fees.
Under the Fair Labor Standards Act, most Charleston workers are entitled to overtime pay at 1.5 times their regular rate for all hours worked over 40 in a workweek. However, certain employees are exempt from overtime requirements, including executive, administrative, and professional employees who meet specific salary and duties tests. Many workers classified as exempt do not actually meet the legal criteria and are owed overtime. Evaluate your actual job duties, not just your title.
Worker misclassification is common and denies workers minimum wage, overtime, and other protections. If you were classified as an independent contractor but were actually controlled by the employer like an employee, you may be entitled to unpaid wages, overtime, and other benefits. The IRS and Department of Labor have specific tests for determining worker classification. Misclassified workers should consult resources about their rights.
South Carolina law limits wage deductions under Section 41-10-40. Deductions are permitted for legally required withholdings (taxes, garnishments) and deductions authorized in writing by the employee for the employee's benefit. Unauthorized deductions for cash register shortages, damaged equipment, or similar employer losses are generally not permitted without written authorization. Such deductions cannot reduce wages below minimum wage.
You can file a wage complaint with the U.S. Department of Labor, Wage and Hour Division online at dol.gov, by calling their toll-free number, or by visiting a local WHD office. The nearest office serving Charleston can be found on the DOL website. Complaints should include your contact information, employer information, description of the violations, and any documentation you have. WHD investigations are confidential and free to workers.
What to Expect When Recovering Unpaid Wages in Charleston
Charleston workers pursuing wage claims should have realistic expectations about the process and potential outcomes. Understanding typical scenarios can help you make informed decisions about how to pursue your claim.
Many wage disputes, particularly those involving straightforward calculation issues or clearly owed final paychecks, are resolved through demand letters without formal proceedings. When workers document their claims clearly and demonstrate knowledge of the applicable law, many employers will pay rather than face administrative investigation or litigation. Resolution through demand letters typically takes two to four weeks.
Administrative complaints filed with the Wage and Hour Division or South Carolina LLR involve longer timelines. WHD investigations can take several months, though the agency sometimes achieves prompt resolution through employer contact. State investigations vary in duration depending on complexity and agency workload. Administrative processes are free to workers but do not always result in full recovery.
For claims requiring litigation, the timeline extends to months or years depending on complexity. However, wage claims, particularly those filed under the FLSA, provide for recovery of attorney's fees from the employer, making legal representation accessible for many claims. Attorneys who handle wage cases often work on contingency, receiving payment only if the worker recovers.
The amount of recovery depends on the nature of the violation. For simple unpaid wages, recovery equals the wages owed. Under the FLSA, liquidated damages equal to the unpaid wages may be recovered, effectively doubling recovery. Under South Carolina law, treble damages up to three times unpaid wages plus attorney's fees may be available. Significant violations can result in substantial awards.
Class and collective actions are possible when employer violations affect multiple workers. Under the FLSA, workers may bring collective actions on behalf of similarly situated employees who opt in. Under South Carolina law, class actions may be possible for widespread violations. These group actions can result in larger recoveries and systemic changes to employer practices.
Employers sometimes raise defenses including statute of limitations, exemption status, or disputes over hours worked. Strong documentation helps overcome these defenses. Employers may also assert that violations were not willful, affecting the limitations period and damages available under the FLSA.
Settlement is common in wage cases. Employers often prefer to settle rather than face the uncertainty and expense of litigation. Settlement amounts vary depending on the strength of the claim, the amounts at stake, and the parties' litigation postures. Workers should evaluate settlement offers against their potential recovery at trial minus the risks and delays of continued litigation.
Charleston Unpaid Wage Resources and Contacts
Charleston workers pursuing wage claims have access to federal, state, and local resources that can provide assistance, investigation, and enforcement support.
U.S. Department of Labor, Wage and Hour Division
The WHD investigates FLSA violations including minimum wage, overtime, and tip issues. They can compel employers to pay back wages and penalties. Contact: The nearest WHD office serving Charleston can be found at dol.gov/agencies/whd; Phone: 1-866-487-9243 (toll-free).
South Carolina Department of Labor, Licensing and Regulation
SC LLR investigates violations of the South Carolina Payment of Wages Act and enforces state wage laws. Address: Synergy Business Park, Kingstree Building, 110 Centerview Drive, Columbia, SC 29210; Phone: (803) 896-4300; Website: llr.sc.gov
Charleston County Magistrate Court
For small claims up to $7,500, magistrate court provides an accessible forum for wage disputes. Contact: Charleston County Clerk of Court, (843) 958-5000.
South Carolina Legal Aid
Provides free legal assistance to qualifying low-income workers, including help with wage claims. Phone: 1-888-346-5592; Website: sclegal.org
Charleston County Bar Lawyer Referral Service
For workers seeking attorney representation, the bar association provides referrals to employment attorneys. Contact: Charleston County Bar Association, (843) 722-6155.
Equal Employment Opportunity Commission (EEOC)
For wage issues connected to discrimination, the EEOC may have jurisdiction. Charleston falls within the Charlotte District Office territory. Website: eeoc.gov
National Employment Law Project
Provides resources and information about workers' rights, including wage and hour issues. Website: nelp.org
South Carolina Workers' Rights Project
Advocates for worker rights in South Carolina and may provide resources or referrals for wage issues. Website: scworkers.org
Charleston Trident Urban League
Community organization that may assist workers with employment issues. Contact: (843) 722-8070; Website: ctul.org
The Wage War Playbook
Know the Deadlines
Most states give employers a limited time to fix wage violations. Know your state's laws.
Document the Theft
Timesheets, emails, texts, promises… gather every shred of evidence.
Calculate *Everything*
Regular hours, overtime, breaks, commissions. Don't let them shortchange you a single cent.
Your Paycheck's Bill of Rights
Many states have serious penalties for wage theft, including double or triple damages. Know your rights.
South Carolina Unpaid Wages Laws
Applicable Laws
- South Carolina Payment of Wages Act
- S.C. Code § 41-10-10 to 41-10-110
- FLSA applies
Small Claims Limit
$7,500
Consumer Protection Agency
South Carolina Department of Labor, Licensing and Regulation
Wage War FAQ
When should I send a demand letter?
The moment they miss a payment or short your check. Don't let it slide - delays can hurt your claim.
What if they retaliate?
Retaliation for wage complaints is illegal in most states. Document everything and consider filing with your state labor board.
Can I recover unpaid overtime?
Yes. If you worked over 40 hours/week and weren't paid time-and-a-half, you may recover the unpaid amount plus penalties.
What about my final paycheck?
Most states require final paychecks within days of termination. Late payment often triggers automatic penalties.
How far back can I claim unpaid wages?
Typically 2-3 years for federal claims, but state laws vary. Some states allow claims going back further.
Do I need to prove my hours?
Any evidence helps: timecards, emails with timestamps, text messages, witness statements, or reconstructed schedules.
Can I file anonymously?
Not typically, but there are strong anti-retaliation protections. Some claims through labor boards offer more privacy than lawsuits.
About FreeDemandLetter
FreeDemandLetter provides free, AI-powered demand letter generation with location-specific legal citations. Our content is reviewed by subject matter specialists and regularly updated to reflect current laws. We help thousands of people resolve disputes effectively—but we're not lawyers, and this isn't legal advice. For complex situations, consult a licensed attorney in your jurisdiction.