Wage & Employment Law Guides

Why Understanding Wage Law Matters Before You File a Claim

Most workers who are owed money never recover it — not because their claim isn't valid, but because they don't know the rules well enough to recognise the violation or act before the deadline passes. A few things worth knowing before you do anything else:

• Wages are earned the moment you work, not when your employer pays them. A payroll processing error, a withheld final paycheck, or an auto-deducted break you worked through all represent wages that legally belong to you — whether or not your employer has acknowledged the error.
• Recovery is often more than just the missing wages. Under the federal Fair Labor Standards Act, unpaid wage claims can recover the back wages themselves plus an equal amount in liquidated damages — effectively doubling what you recover. Many states add civil penalties and interest on top. California's PAGA adds $100–$200 per employee per pay period for violations.
• Deadlines are real and non-recoverable. The FLSA gives you 2 years for regular violations (3 years for willful ones). New York and New Jersey allow 6 years. California allows 3. Every pay period that passes outside the lookback window is permanently unrecoverable — acting sooner always preserves more of your claim.
• Job title doesn't determine overtime eligibility — job duties do. Employees labeled "manager," "supervisor," or "exempt" who don't genuinely meet the FLSA's duties test may be owed years of overtime back pay. Misclassification as an independent contractor has similar consequences.
• You can pursue claims after leaving a job. Quitting or being fired doesn't cancel your right to recover unpaid wages. You can file wage claims for prior violations regardless of your current employment status, as long as you're within the applicable lookback period.

The guides below explain each of these areas in more detail. If you already know what type of violation you're dealing with, use the calculators below to estimate an amount before deciding whether to contact a labor board or employment attorney.