Step 1
Written demand to your employer
Send a dated, written demand to your employer — email is fine, certified mail is better. State (a) the amount you say you are owed and how you calculated it, (b) the statutory deadline that has passed, (c) the statute citation, and (d) a deadline by which you expect payment (commonly 7 calendar days). Keep a copy.
Many employers pay on receipt of a clearly-cited demand. If yours does, you are done and you saved everyone's time. If they don't pay or respond, the demand becomes evidence that the failure to pay was knowing — useful for the willful-failure standard at later stages.
Step 2
State DOL claim form
Most state labor agencies (DLSE in California, Texas Workforce Commission, NY DOL, etc.) accept wage-claim filings online. Filing is free and does not require an attorney. Find your state's claim form on /states.
Processing times vary. California DLSE has been backlogged for some filings; New York and Texas typically resolve faster. State-DOL processes are usually faster than private suit for unpaid-wage amounts under a few thousand dollars.
Some state DOLs cap the claim amount they will adjudicate (often around $10,000 or $20,000). Above that cap, you typically need to file in state court. The decoder shows your state's small-claims threshold where we have it verified.
Step 3
Federal DOL Wage & Hour Division
The federal DOL Wage & Hour Division (WHD) accepts complaints from any worker — including undocumented workers — about FLSA violations. Filing is free and does not require an attorney. Online intake at webapps.dol.gov/contactwhd; phone 1-866-487-9243.
Filing federal does not preclude state filing. For pure FLSA violations (federal minimum wage, federal overtime), federal is the right path. For state-specific violations (state min-wage, state final-paycheck deadline, state PTO-payout rule), state DOL is usually faster.
Step 4
Employment-law attorney
Talk to a licensed employment-law attorney if (a) the willful-failure waiting-time penalty is in play (CA-class states), (b) the unpaid amount is large enough that contingency-fee economics work (typically $5,000+), (c) the case involves misclassification (independent contractor / exempt) where back-wages can be 2-3 years deep, or (d) the employer is contesting the claim aggressively.
Wage-and-hour plaintiff-side firms often work on contingency (no fee unless recovered). Most state-bar associations run a Lawyer Referral Service (LRS) for workers who don't know which attorney to call. Search "[your state] state bar lawyer referral service."