Every state
Unpaid wages and wage theft attorneys near you
Unpaid overtime, missed breaks, unpaid travel time, a final cheque that never came.
Deadline, in general
Two years federally, three if the underpayment was wilful; state deadlines commonly run two to six years.
Wage theft is the quiet kind. It is rarely a refusal to pay at all; it is hours shaved off a timesheet, overtime paid at the flat rate, travel between clients treated as unpaid, breaks that never happen, and a final cheque that arrives late or not at all.
Some states give employees far more protection here than federal law does, and attach penalties that can dwarf the wages themselves: up to thirty days of pay where a final paycheck is late, and an extra hour of pay for each missed meal or rest break. Others add nothing to the federal floor. A claim can usually be filed with a state labor agency or the US Department of Labor, or brought in court, and an attorney can tell you which fits.
Tell us what happened
A few questions about your situation. It is free, and there is no obligation of any kind.
This may be your situation if
- —You work more than eight hours in a day, or forty in a week, without overtime.
- —Time spent travelling between clients is not on your timesheet.
- —You are asked to clock out and keep working, or to record fewer hours than you worked.
- —Meal and rest breaks are impossible to take and nothing is added to your pay.
- —Your final paycheque was late, short, or never came.
- —You were classified as an independent contractor but treated like an employee.
What an attorney generally does here
- —Reconstruct what you were actually owed from timesheets and pay stubs.
- —Identify the penalties that attach on top of the unpaid wages.
- —Choose between the state labor agency, the US Department of Labor and court, which changes speed and reach.
- —Test whether an independent contractor label was ever lawful.
- —Bring a retaliation claim where reporting it cost you hours or your job.
The deadline
Two years federally, three if the underpayment was wilful; state deadlines commonly run two to six years. Set by The federal Fair Labor Standards Act, and your state’s wage claim deadline.
The clock runs backward from the day you file, so every month of delay is a month of wages that falls off the end of the claim. Claims against a public entity employer can carry much shorter notice requirements.
Worth gathering first
- —Pay stubs for as far back as you have them.
- —Timesheets, schedules, or your own notes of hours worked.
- —Any text or app messages about shifts, hours or corrections.
- —Your offer letter, contract, or contractor agreement.
- —The name and address of the employer, and who signed your cheques.
If you work in care
Home care is where this happens most. Unpaid travel between clients, overtime capped by a county rather than by law, sleep time on live-in shifts, and hours worked past the authorised total because you would not leave someone unsafe. Keep your own record of hours — the employer’s record is the one that goes missing.
Common questions
Is travel time between clients paid?
Time spent travelling between assignments during the working day is generally compensable, and this is a frequent gap in home care pay. The ordinary commute from home to the first client and back at the end is treated differently.
What is the penalty for a late final paycheque?
Many states provide a penalty of up to thirty days of your daily pay when a final paycheck is not paid on time. That is on top of the wages themselves, and the size of it depends on your state.
Can my employer punish me for asking about my pay?
Retaliation for raising a wage complaint is prohibited, and it is a separate claim with its own remedies. Cut hours and sudden schedule changes after a complaint are the usual form it takes.
I am paid as a 1099 contractor. Does any of this apply to me?
The label does not decide it. Federal law and every state apply a test to who may lawfully be treated as a contractor — some far stricter than others — and a worker misclassified as one is generally owed everything an employee would have been owed.
Related
Wrongful termination
Fired for reporting something, for being injured, or for a reason the law forbids.
Discrimination and harassment
Treated differently because of who you are, or harassed and ignored when you reported it.
Workers' compensation
Injured on a shift — lifting, transfers, needlesticks, repetitive strain, assaults.
Related reading
From our archive, on the situations that lead here.
How to File a Wage Claim With the California Labor Commissioner: A Caregiver's Guide
If a family or an agency did not pay you what you earned, you can file a wage claim with the state for free, without a lawyer, and regardless of immigration status. Here is the process, the deadlines, and the mistakes that sink claims.
Unpaid Overtime and Wage Theft for California Caregivers
Unpaid travel time between clients, overtime at the flat rate, missed breaks and a late final paycheque: what California law requires and how to claim it back.
Respite Care in California: Why IHSS Has No Respite Benefit, and Who Actually Pays for a Break
IHSS authorizes hours of care for the recipient. It has no respite benefit for the family caregiver. Here are the California programs that do fund a break, and how to reach them before burnout forces the decision.
LA, Sacramento & Kern Counties Raise IHSS Wages in July 2026
Three California counties finalized new IHSS wage agreements this month, raising hourly rates for thousands of homecare workers effective August 1, 2026.
This page is general information about how this kind of matter works in the United States, and the rules that matter most here are set state by state — the deadline where you live may be shorter than the general figure given above. It is not legal advice, it is not a substitute for advice about your own situation, and reading it or sending the form does not create an attorney-client relationship. Unified Savers is not a law firm and not a lawyer referral service. Deadlines stated are general rules and exceptions frequently make them shorter. See the disclaimer and privacy policy.