Wage Theft Guides

Reviewed by Nola Stetson (NS), Editor-in-Chief — Wage Theft Practice. Updated May 2026.

Navigating a wage theft claim involves understanding the federal legal framework, knowing which filing option best fits your situation, and avoiding the procedural mistakes that cause valid claims to be lost or undervalued. The guides below cover each of these areas in detail, drawing on the FLSA statute, DOL regulations, and published case law.

All guides are educational materials, not legal advice. For guidance on your specific situation, consult a licensed employment attorney.

How the claims process works

How Wage Theft Claims Work — DOL, Private Suit, and State Agency Options

Covers the three main enforcement routes: DOL Wage and Hour Division complaint, state labor commissioner, and private lawsuit. Explains what each option recovers, how attorney fees work under the FLSA, the statute of limitations at each level, and what evidence to gather before filing.

FLSA overtime rules

FLSA Overtime Rules Explained

A plain-English guide to the 40-hour overtime threshold, who is exempt and why, how the regular rate of pay is calculated, and the most common misclassification traps that leave workers without overtime they are legally owed.

Immediate action steps

What to Do After Wage Theft

The steps to take immediately after discovering unpaid wages: documenting evidence, calculating your loss, deciding whether to raise the issue internally, filing options, and how to protect yourself against retaliation.

Misconceptions

Common Misconceptions About Wage Theft

Five myths that cause workers to accept pay violations as normal or abandon valid claims — including the salary misconception, the independent contractor label misconception, and the “amount too small to bother” myth that attorney fee recovery disproves.

Additional resources