Use this unpaid wages guide to build a clear demand letter for Long Beach.
Unpaid Wages in Long Beach: A Complete Legal Guide
Long Beach, California's seventh-largest city and a major economic center of Los Angeles County, hosts a diverse workforce spanning the massive Port of Long Beach, aerospace manufacturing, healthcare systems, hospitality and tourism, retail, and service industries. With over 460,000 residents and thousands of employers ranging from international shipping companies to small local businesses, wage disputes are an unfortunate reality for many Long Beach workers. Understanding your legal rights regarding unpaid wages is essential for ensuring you receive the full compensation you have earned.
California provides workers with some of the strongest wage and hour protections in the nation, and Long Beach employees benefit from both comprehensive state laws and additional local enforcement mechanisms. The California Labor Code establishes detailed requirements for minimum wage, overtime pay, meal and rest breaks, final wage payment, and record-keeping, while the Long Beach Municipal Code provides a higher local minimum wage for workers in this city. These laws recognize that workers deserve to be paid fully and promptly for their labor and provide meaningful tools to recover wages when employers fail to comply.
Many Long Beach workers endure wage theft without realizing the full extent of their legal protections. Common issues include employers failing to pay minimum wage or overtime, requiring off-the-clock work, misclassifying employees as independent contractors, failing to provide legally mandated meal and rest breaks, making improper deductions from paychecks, and not paying final wages on time when employment ends. Whether you work in the busy port logistics sector, Long Beach's hotels and restaurants, local retail, healthcare facilities, or any other industry, California law provides substantial protections that can be effectively enforced through wage claims and legal action.
This comprehensive guide is designed specifically for Long Beach workers seeking to understand and exercise their rights regarding unpaid wages. We will examine the specific California statutes that protect you, provide a detailed roadmap for recovering unpaid wages, explain the evidence you need to support your claims, identify critical deadlines that must be met, and highlight common mistakes that can undermine your case. By mastering this information, you will be equipped to advocate effectively for the wages to which you are legally entitled.
The importance of wage enforcement extends beyond individual workers. When Long Beach employees actively assert their legal protections, they contribute to a fairer labor market where employers understand they must comply with the law. Wage theft harms not only the workers directly affected but also law-abiding employers who are undercut by competitors that cheat their workers. By understanding your rights and knowing how to enforce them, you become part of a tradition of worker advocacy that strengthens our entire community.
California Wage and Hour Laws and Long Beach Worker Protections
California Labor Code Section 1194 provides the fundamental protection for minimum wage and overtime pay. This statute makes every employer liable to employees for the difference between the wages paid and the wages due under minimum wage and overtime laws. It also provides for the recovery of reasonable attorney's fees in addition to unpaid wages, making legal representation accessible for wage claims. Under Section 1194, employees can recover not only the unpaid amounts but also interest on those amounts and costs of suit.
California's minimum wage is set by Labor Code Section 1182.12 and is adjusted annually. As of January 1, 2024, the state minimum wage is $16.00 per hour for all employers. However, Long Beach has enacted a local minimum wage that exceeds the state rate. Under Long Beach Municipal Code Section 5.89, as of July 1, 2024, the Long Beach minimum wage is $17.00 per hour. Long Beach workers are entitled to the higher local rate. Employers who pay only the state minimum to Long Beach workers violate local law and owe the difference.
California Labor Code Sections 510 and 511 establish overtime pay requirements. Employees must receive 1.5 times their regular rate for hours worked beyond 8 in a workday or 40 in a workweek, and for the first 8 hours on the seventh consecutive day of work. Double time (2 times the regular rate) is required for hours beyond 12 in a workday and beyond 8 hours on the seventh consecutive day. These overtime protections apply to most California workers unless they fall within specific exemptions for executive, administrative, or professional employees.
California Labor Code Sections 512 and 226.7 mandate meal and rest breaks. Employees working more than 5 hours must receive a 30-minute unpaid meal break. Those working more than 10 hours must receive a second meal break. Employees must also receive a paid 10-minute rest break for every 4 hours worked. When employers fail to provide required breaks, they must pay the employee one additional hour of pay at the regular rate for each workday the break was not provided. This premium pay compensates workers for lost break time.
Labor Code Section 201 requires employers to pay all wages earned immediately when an employee is discharged or laid off. Section 202 requires payment within 72 hours when an employee quits without notice, or immediately if they provided at least 72 hours' notice. Section 203 establishes waiting time penalties: when employers willfully fail to pay final wages on time, the employee's wages continue as a penalty for up to 30 days. For a worker earning $20/hour, this penalty can exceed $4,800, significantly exceeding the underlying wages owed.
Labor Code Section 226 requires employers to provide accurate, itemized wage statements with each payment. These statements must include gross wages, hours worked, hourly rates, deductions, net wages, pay period dates, employer name and address, and the employee's name and last four digits of their Social Security number. Employees who suffer injury from knowing and intentional wage statement violations can recover $50 for the initial violation and $100 for each subsequent violation, up to $4,000.
Labor Code Sections 2802 and 2804 require employers to reimburse employees for necessary business expenses and prohibit employers from requiring employees to pay for items that should be the employer's cost. Common violations include failing to reimburse mileage, cell phone use, tools, uniforms, or other work-related expenses. Workers can recover unreimbursed expenses plus interest.
California Labor Code Section 1102.5 protects workers from retaliation for reporting wage violations or exercising their rights. Employers cannot discharge, demote, suspend, or otherwise discriminate against workers who file wage claims, participate in proceedings, or refuse to participate in illegal activity. Retaliation claims can result in reinstatement, back pay, and additional penalties.
The California Labor Commissioner (Division of Labor Standards Enforcement, or DLSE) enforces wage and hour laws and provides a streamlined process for workers to file wage claims. Workers can file claims with the Labor Commissioner rather than going to court, and the agency will investigate and hold hearings on claims. This administrative process is free and does not require an attorney, making it accessible to workers of all means.
Step-by-Step Guide to Recovering Unpaid Wages in Long Beach
Before taking any formal action, gather comprehensive documentation of your employment and unpaid wages. Collect all pay stubs and wage statements you have received. Obtain copies of time records if you have access. Create your own log of hours worked if employer records are unavailable or inaccurate. Gather your employment contract or offer letter, any employee handbooks, and communications about your pay rate or schedule. For each pay period you believe you were underpaid, calculate the hours worked, wages you should have received, and amounts actually paid.
Determine exactly how much you are owed. For minimum wage claims, calculate hours worked multiplied by the applicable minimum wage (the Long Beach rate of $17.00/hour if working in the city) minus wages actually paid. For overtime, calculate overtime hours worked multiplied by the correct overtime rate (1.5x or 2x depending on circumstances) minus any overtime paid. For missed meal or rest breaks, calculate the number of days breaks were not provided multiplied by one hour's pay per day. Add up all categories to determine your total claim.
Many wage violations occur when employers misclassify workers. Verify whether you are properly classified as exempt or non-exempt. Exempt employees must meet strict salary and duties tests; if you do not meet these tests, you are entitled to overtime regardless of your job title or what your employer calls you. Also verify whether you are properly classified as an employee versus an independent contractor. California's ABC test presumes worker status is employee unless the employer can prove otherwise. Misclassification may significantly increase your claim.
For ongoing employment relationships, consider addressing the issue directly with your employer before escalating. Send a written communication identifying the specific wages you believe are owed and the legal basis for your claim. Reference the applicable Labor Code sections. Request correction and payment within a specific timeframe. For some disputes, employers may simply be unaware of their obligations and will correct the problem. Document all communications and responses.
If direct communication fails or if your employment has ended, prepare a formal demand letter. State your name and employment dates. Describe your position, pay rate, and work schedule. Identify each category of unpaid wages with specific calculations. Reference the California Labor Code sections that apply. Demand payment of the specific total amount owed within a stated period, typically 10-14 days. State that failure to pay will result in filing a claim with the Labor Commissioner and/or lawsuit, seeking not only unpaid wages but also penalties and attorney's fees.
Send your demand letter via USPS Certified Mail with Return Receipt Requested to the employer's business address and registered agent address. Also send via email to HR, payroll, and management contacts. Keep copies of everything and the certified mail receipt and return receipt card. For ongoing employment, consider whether sending such a letter may affect your working relationship and whether you have protections against retaliation.
If your demand letter does not produce results, file a wage claim with the California Division of Labor Standards Enforcement (DLSE). You can file online, by mail, or in person at the local DLSE office. The Van Nuys DLSE office serves Long Beach area workers. Provide your employment information, the wages owed, and supporting documentation. There is no filing fee. The DLSE will assign your claim for investigation and scheduling.
After filing, the DLSE will send your claim to the employer and schedule a settlement conference. Prepare for this conference by organizing all your documentation, including pay stubs, time records, your calculations, correspondence with the employer, and any other evidence. Many claims settle at the conference when employers see the strength of the worker's evidence and the potential for penalties.
At the settlement conference, a DLSE representative will meet with you and the employer to attempt resolution. Present your claim clearly and be prepared to discuss the specific amounts and legal basis. Listen to the employer's position. Consider reasonable settlement offers, recognizing that guaranteed recovery now may be preferable to uncertain outcomes after a hearing. If settlement is not reached, the claim will be set for a formal hearing.
If the settlement conference does not resolve your claim, a hearing will be scheduled before a DLSE hearing officer. Prepare thoroughly: organize exhibits, prepare your testimony, and identify any witnesses. The hearing is less formal than court but follows legal procedures. Present your evidence, testify about your hours and pay, and respond to the employer's defenses. The hearing officer will issue a written decision called an Order, Decision, or Award (ODA).
If you receive a favorable ODA, the employer has 10 days to appeal to Superior Court. If no appeal is filed, the ODA becomes final and enforceable as a court judgment. If the employer does not pay voluntarily, you can use collection remedies including wage garnishment, bank levies, and property liens. The DLSE may assist with collection in some cases.
For significant claims, ongoing violations affecting multiple workers, or situations where employer retaliation is a concern, consider consulting with an employment attorney. Many wage and hour attorneys work on contingency, meaning they only get paid if you recover. Private lawsuits may provide faster resolution and additional remedies. Class actions can address systematic violations affecting many workers. An attorney can advise on the best approach for your specific situation.
Essential Evidence for Long Beach Unpaid Wage Claims
Pay Stubs and Wage Statements: Your pay stubs are the primary evidence of what you were paid. California law requires employers to provide detailed itemized statements showing gross wages, hours worked, rates of pay, deductions, and other information. Collect all pay stubs from the period in dispute. If your employer failed to provide proper wage statements, this itself is a violation that can result in penalties. If you do not have pay stubs, your bank deposit records can help document what you were paid.
Time Records and Schedules: Documentation of hours worked is essential for minimum wage and overtime claims. Obtain copies of time cards, punch records, or electronic timekeeping data if available. Retain copies of work schedules. If the employer maintains time records, you have the right to request copies under Labor Code Section 226(b). If employer records are inaccurate or unavailable, your own contemporaneous records of hours worked become important evidence.
Personal Work Log: Even if your employer maintains time records, keeping your own log of hours worked creates valuable backup evidence. Record your start time, end time, meal breaks, and total hours each day. Note any times you were required to work off the clock, through breaks, or before or after your scheduled shift. This personal record becomes especially important if the employer's records are inaccurate or missing.
Employment Documents: Gather all documents relating to your employment relationship. This includes your job offer letter, employment contract if any, employee handbook, job description, and any written policies about pay, hours, or breaks. These documents establish what you were promised and what rules applied to your employment. They may also help determine your proper classification as exempt or non-exempt.
Communications About Pay and Hours: Emails, text messages, and other communications with your employer about pay, scheduling, and work requirements are valuable evidence. Messages directing you to work through breaks, asking you to clock out and continue working, or discussing disputed pay amounts directly support your claims. Do not delete any work-related communications. If you use a personal phone for work texts, preserve that record.
Calculations and Summaries: Prepare clear calculations showing exactly how much you are owed. For each pay period in dispute, show: hours worked, applicable wage rate, wages that should have been paid, wages actually paid, and the difference. Create similar calculations for overtime, missed breaks, and any other claim. Organize these in a spreadsheet or table that a hearing officer or judge can easily follow.
Witness Information: Co-workers who can corroborate your hours, break violations, or other claims provide powerful supporting evidence. Identify colleagues who worked similar schedules, experienced the same violations, or observed your work conditions. Obtain their contact information and, if possible, written statements. At hearings, witness testimony often makes the difference in disputed facts.
Business and Financial Records: For claims involving expense reimbursement, gather receipts and documentation of expenses you incurred. For claims involving tips, gather records of tips received. For claims involving commissions, gather documentation of sales and commission calculations. Match your records against what the employer paid to identify shortfalls.
Critical Deadlines for Unpaid Wage Claims in California
Statute of Limitations for Most Wage Claims: The statute of limitations for most wage claims under the California Labor Code is three years from the date the wages were due. This means you can recover wages owed for the three years before you file your claim. For example, if you file today, you can claim wages that should have been paid during the past three years. Wages older than three years are generally not recoverable. Do not delay filing, as each day that passes may cut off claims for older wages.
Statute of Limitations for Oral Contract Claims: Claims based on oral agreements about wages have a two-year statute of limitations under Code of Civil Procedure Section 339. If your pay rate or other compensation terms were established verbally rather than in writing, this shorter period may apply. Written employment agreements or wage policies extend the period to four years.
Statute of Limitations for Written Contract Claims: Claims based on written employment contracts have a four-year statute of limitations under Code of Civil Procedure Section 337. If you have a written agreement specifying wages, overtime, bonuses, or other compensation, you may be able to recover for a longer period. Written evidence of your pay terms is valuable for this reason.
Final Wage Deadlines: When your employment ends, strict deadlines apply for final wage payment. If you are fired or laid off, all wages earned must be paid immediately at the time of termination under Labor Code Section 201. If you quit with less than 72 hours notice, wages are due within 72 hours. If you quit with at least 72 hours notice, wages are due on your final day. Violations of these deadlines trigger waiting time penalties.
Waiting Time Penalties: Under Labor Code Section 203, if an employer willfully fails to pay final wages on time, the employee's wages continue as a penalty for up to 30 calendar days. This penalty is calculated at the employee's daily rate. For an employee earning $20/hour working 8-hour days, 30 days of waiting time penalties equals $4,800. This penalty only applies to final wage violations, not to ongoing underpayment during employment.
Labor Commissioner Claim Process Timeline: After filing with the DLSE, the typical timeline includes: claim acknowledgment within a few weeks; settlement conference scheduled within 2-4 months of filing; and if no settlement, hearing scheduled within 6-12 months of the conference. Actual timelines vary based on workload and complexity. The process is generally faster than court litigation but still requires patience.
Time to File Appeal of DLSE Decision: Either party may appeal an unfavorable DLSE decision to Superior Court within 10 days of service of the Order, Decision, or Award. If no appeal is filed, the decision becomes final. This is a strict deadline. If you receive an unfavorable decision and wish to appeal, act immediately to preserve your rights.
Lien Priority and Collection Deadlines: Once you have a judgment or ODA, California law provides various collection remedies. Wage liens, bank levies, and property liens all have their own procedures and timelines. Judgments are generally enforceable for 10 years and can be renewed. However, the longer you wait to collect, the more risk that the employer may become judgment-proof. Pursue collection promptly after obtaining a final judgment.
Common Mistakes to Avoid in Long Beach Unpaid Wage Claims
Failing to Keep Personal Records: Many workers rely entirely on their employer's time records and pay stubs. If those records are inaccurate, incomplete, or the employer destroys them, the worker has no backup evidence. Keep your own log of hours worked, breaks taken, and any irregular situations. Save all pay stubs and employment documents. This personal record-keeping is your insurance against employer record problems.
Waiting Too Long to File Claims: The three-year statute of limitations seems generous, but each day you delay filing means older wages may become unrecoverable. More importantly, evidence becomes stale, witnesses forget details or move away, and employers may go out of business or hide assets. File your claim as soon as you identify a wage violation. Prompt action produces better outcomes.
Not Calculating Claims Accurately: Vague claims for some amount of unpaid wages are less compelling than precise calculations showing exactly what is owed. Calculate your claim down to the penny, showing hours worked, applicable rates, amounts that should have been paid, and amounts actually paid. Create clear summaries for each pay period and category. Accurate calculations demonstrate that you are serious and make your claim easier for decision-makers to evaluate.
Accepting Improper Classification: Employers often misclassify workers to avoid paying overtime, providing benefits, or complying with other labor laws. Do not accept your employer's characterization without question. Research whether you truly meet the tests for exempt status or independent contractor classification. Many workers are entitled to overtime, breaks, and other protections that their employers have denied through improper classification.
Fearing Retaliation: Some workers do not assert their wage rights because they fear being fired, demoted, or otherwise retaliated against. California law strictly prohibits retaliation for exercising wage rights. Labor Code Section 1102.5 protects workers who complain about violations or file claims. Retaliation claims can result in significant penalties including reinstatement and back pay. Do not let fear of illegal employer conduct prevent you from asserting legal rights.
Not Understanding the Long Beach Minimum Wage: Long Beach has a higher minimum wage than the California state rate. As of 2024, the Long Beach minimum is $17.00/hour compared to the state minimum of $16.00. Workers in Long Beach are entitled to the higher local rate. Employers who pay only the state minimum owe the difference. Verify that your wage claim includes this higher rate if you work in Long Beach.
Settling Too Quickly for Too Little: Some employers, when confronted with wage claims, offer quick settlements for a fraction of what is owed. While prompt resolution has value, accepting a low offer means leaving money on the table. Calculate the full value of your claim including penalties, interest, and potential attorney's fees before evaluating any settlement offer. An offer of 50 cents on the dollar for a strong claim is not a good settlement.
Not Seeking Legal Advice for Complex Claims: While the DLSE process is designed to be accessible without an attorney, complex claims often benefit from legal representation. This includes claims involving exempt status disputes, class-wide violations, retaliation, or significant damages. Many employment attorneys offer free consultations and take cases on contingency. Do not assume you cannot afford legal help without exploring options.
Frequently Asked Questions About Unpaid Wages in Long Beach
Long Beach has a local minimum wage that exceeds the California state minimum. As of July 1, 2024, the Long Beach minimum wage is $17.00 per hour for all employers. This compares to the California state minimum of $16.00 per hour. If you work in Long Beach, you are entitled to the higher local rate regardless of where your employer is headquartered. Additionally, hotel workers in Long Beach have an even higher minimum under separate ordinances.
Most California employees are entitled to overtime. You are entitled to overtime unless you qualify for a specific exemption. The main exemptions are for executive, administrative, and professional employees who meet strict salary and duties tests. To be exempt, you must generally earn at least twice the minimum wage on a salary basis and your primary duties must involve discretion and independent judgment. Job titles do not determine exemption. If you are unsure, assume you are entitled to overtime unless your employer has demonstrated otherwise.
When employers fail to pay final wages on time, employees can recover waiting time penalties under Labor Code Section 203. These penalties equal your daily rate of pay for each day the wages remain unpaid, up to a maximum of 30 days. For example, if you earn $20/hour and work 8-hour days, your daily rate is $160. Thirty days of penalties would equal $4,800. These penalties are in addition to the actual unpaid wages.
Classification as an independent contractor is frequently misused by employers to avoid wage and hour obligations. California's ABC test presumes workers are employees unless the employer can prove all three conditions: the worker is free from control; the work is outside the usual course of the business; and the worker has an independent trade or business. If you are misclassified as an independent contractor, you may be entitled to all the protections of an employee including minimum wage, overtime, meal and rest breaks, and expense reimbursement.
You can file a wage claim online at the DLSE website, by mail, or in person at a DLSE office. The Van Nuys office serves Long Beach workers. Download and complete the wage claim form (DLSE-1). Provide details about your employment, the wages owed, and supporting documentation. There is no filing fee. After filing, you will receive acknowledgment and your claim will be scheduled for a settlement conference.
The standard statute of limitations for wage claims is three years from when the wages were due. You can recover wages for the three years before you file your claim. For claims based on written contracts, the limitation period may be four years. For claims based on oral agreements, it may be only two years. File your claim as soon as possible to maximize your recovery period and preserve evidence.
No. California Labor Code Section 1102.5 prohibits retaliation against employees who file wage claims, report violations, or exercise their labor rights. If your employer fires you, demotes you, reduces your hours, or takes other adverse action because you complained about wages, you may have a separate retaliation claim. Retaliation remedies can include reinstatement, back pay, and additional damages.
It depends on your situation. The DLSE process is designed to be accessible without an attorney, and many workers successfully represent themselves. However, for complex claims involving exemption disputes, class-wide violations, large damages, or retaliation, legal representation may be valuable. Many employment attorneys offer free consultations and take wage cases on contingency, meaning they only get paid if you recover. California law allows recovery of attorney's fees in wage cases, making representation affordable.
What to Expect When Resolving Unpaid Wage Claims in Long Beach
Settlement outcomes for unpaid wage claims in Long Beach depend on the strength of your documentation, the amount at stake, the employer's financial situation, and the stage of proceedings at which settlement occurs. Many wage claims settle before hearing when employers recognize the evidence against them and the potential for penalties and attorney's fees. Well-documented claims with clear calculations often produce favorable settlements.
The value of wage claims can be substantial when all components are included. Beyond the basic unpaid wages, add waiting time penalties (up to 30 days' wages for final wage violations), meal and rest break premiums (one hour's pay per violation per day), wage statement penalties (up to $4,000), and interest on unpaid amounts. For a worker owed $5,000 in base wages, total recovery including penalties might exceed $15,000.
Settlement discussions typically occur at the DLSE settlement conference. The deputy labor commissioner will meet with both parties, review the claims and defenses, and attempt to facilitate resolution. Many employers prefer to settle at this stage rather than face the uncertainty and cost of a full hearing. Settlement at conference also provides faster resolution, as hearings may be scheduled months later.
At the settlement conference, be prepared to discuss your claim in detail but also be realistic about strengths and weaknesses. Consider what documentation you have, what the employer may argue in defense, and what guaranteed recovery now is worth compared to uncertain recovery after hearing. Reasonable settlements often involve compromise, but you should not accept significantly less than the claim's fair value.
If settlement does not occur and you proceed to hearing, the hearing officer will evaluate the evidence and issue a written decision. DLSE decisions generally follow the law, but hearings involve uncertainty and the need to prove your case. If you win at hearing, the employer may appeal to Superior Court, potentially adding months or years to the process. Weigh these factors when evaluating settlement offers.
For Long Beach workers, the regional economy includes many established employers with the resources to pay judgments and settlements. However, some smaller businesses may be judgment-proof or may close to avoid obligations. Evaluate your specific employer's ability to pay when considering strategy. A smaller settlement from a struggling business may be better than a larger judgment you cannot collect.
Long Beach Unpaid Wage Resources and Contacts
The DLSE handles wage claims and labor law enforcement. This office serves Long Beach workers.
Address: 6150 Van Nuys Boulevard, Room 100, Van Nuys, CA 91401
Phone: (818) 901-5315
Website: dir.ca.gov/dlse
Online wage claim filing: dir.ca.gov/dlse/howtofilewageclaim.htm
General information about wage and hour laws and enforcement.
Phone: (844) 522-6734 (844-LABOR)
Website: dir.ca.gov/dlse
Provides employment services and may have resources for wage disputes.
Address: 4811 Airport Plaza Drive, Long Beach, CA 90815
Phone: (562) 570-4550
Website: longbeach.gov/econdev/workforce
Provides free legal services to qualifying low-income workers.
Phone: (800) 399-4529
Website: lafla.org
Offers free legal assistance including employment and labor matters.
Phone: (323) 939-0506
Website: bettzedek.org
Provides free legal services to low-income residents.
Phone: (800) 433-6251
Website: nlsla.org
Referrals to plaintiff-side employment attorneys.
Website: cela.org/find-a-lawyer
Advocacy organization for warehouse and logistics workers.
Phone: (909) 613-0227
Website: warehouseworkers.org
Governor George Deukmejian Courthouse
Address: 275 Magnolia Avenue, Long Beach, CA 90802
Website: lacourt.org/division/smallclaims
For wage claims up to $12,500 if you prefer court over DLSE.
For federal wage law violations including FLSA claims.
Phone: (866) 487-9243
Website: dol.gov/agencies/whd
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.
California Unpaid Wages Laws
Applicable Laws
- California Labor Code § 200-244
- Industrial Welfare Commission Wage Orders
- Private Attorneys General Act (PAGA)
Small Claims Limit
$12,500
Consumer Protection Agency
California Labor Commissioner (DLSE)
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.