United States guide

Writing to your employer about unpaid or incorrect pay

Pay problems are usually arithmetic before they are anything else. Set out the pay periods, the hours, what you were paid and what you expected, and most employers can check it quickly.

Set out the numbers

List each pay period affected, the hours or amounts in question, what you were paid, and the difference. Only include figures you're confident about.

Say how you're paid — hourly, salary, tipped, commission — because it changes what the employer needs to check.

Records to gather

Pay stubs, your offer letter or contract, schedules, timesheets, clock-in records, and any messages about hours or rates. Keep copies outside work systems.

What to ask for

Payment of the amount owed, a correction going forward, an explanation of how your pay was calculated, and copies of your pay records.

If it isn't fixed

The Department of Labor's Wage and Hour Division publishes general information about federal wage rules and how to file a complaint, and treats complaints confidentially. Many states also have their own labor agency, and state rules can differ.

Time limits apply to wage claims and differ between federal and state law. Whether one applies to your situation is a question for the agency or a licensed attorney.

Build a pay concern letter

Answer a few short questions and RightWords turns your own account of what happened into a Word document you can download and send yourself.

Pay concern

Common questions

How far back can unpaid wages go?
Federal law sets a general two-year limit for Fair Labor Standards Act claims, extended to three years where a violation is willful. State limits can differ.
Can my employer retaliate for a wage complaint?
The Wage and Hour Division states that retaliating against a worker for filing a complaint is separately prohibited. Keep a dated record of anything that changes after you raise it.

Sources

RightWords is a document-preparation and general-information service. We are not a law firm and do not provide legal advice or legal representation. Employment laws and procedures can vary by federal, state and local jurisdiction. RightWords does not determine whether conduct is unlawful or tell you what legal claim to bring. If you need advice about your legal rights, deadlines or a specific claim, speak with a licensed attorney or an appropriate government agency.

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