How to Report Wage Theft

To report wage theft, you can file a complaint with the California Labor Commissioner’s Office, or the U.S. Department of Labor. You’ll need to provide details about your employer, your pay, and evidence of what you’re owed. Once the complaint is filed, the agency investigates and can order your employer to pay back wages, penalties, and interest. 

If you’ve been shortchanged, you’re not alone, and you have the right to take action. Here’s a simple, step-by-step guide to help you report wage theft and hold your employer accountable. 

Step 1: Gather Evidence 

Before filing a complaint, start by collecting all the documentation you can. Solid evidence will strengthen your case and make it easier for investigators to verify your claim. Helpful records include: 

• Pay stubs or direct deposit slips 
• Timecards, work schedules, or clock-in/clock-out records 
• Employment contracts, offer letters, or company policies 
• Texts or emails discussing pay or hours worked 
• Bank statements showing missing or reduced payments 

If your employer paid you in cash without proper documentation, try to gather any written communications, coworker statements, or notes of when and how much you were paid. The more specific your evidence, the better. 

Step 2: Talk to Your Employer 

In some cases, wage issues are caused by clerical mistakes or misunderstandings. It’s not required, but you can consider speaking to your employer or HR department first, especially if you feel safe doing so. Note: it may be in your best interest to speak with a lawyer before this step.  

If your employer refuses to correct the issue, or you fear retaliation, skip this step and move directly to filing a formal complaint. Remember, it’s illegal for your employer to punish or fire you for asserting your right to fair pay. 

Step 3: File a Wage Claim with the Labor Commissioner’s Office 

In California, the Labor Commissioner’s Office handles wage theft claims. You can file your claim online, by mail, or in person. When filing, you’ll need to: 

1. Provide your personal information and your employer’s details. 
2. Describe the situation: When, what happened, and how much pay you’re owed. 
3. Attach supporting documents (pay stubs, timecards, etc.).



After your claim is submitted, the Labor Commissioner’s Office will review it and may schedule a conference or hearing to resolve the dispute. If the evidence supports your claim, the agency can order your employer to pay you what’s owed, plus penalties and interest.

Step 4: Report Employer for Nonpayment 

If your employer isn’t paying you at all, whether it’s missed paychecks, last wages after quitting or getting laid off, or ongoing nonpayment, you can report your employer for nonpayment directly to state or federal authorities. 

• State Labor Agency: California workers can report to the California Labor Commissioner. 
  
• U.S. Department of Labor (DOL): If your employer violates federal wage laws under the Fair Labor Standards Act (FLSA), you can also file a complaint with the DOL’s Wage and Hour Division. If you’re unsure if your employer violated these laws, you may want to reach out to an attorney for guidance. 
   

Both agencies can investigate your complaint, recover unpaid wages, and impose fines or legal action against your employer. Consulting an attorney can help ensure your claim is strong and complete. 

Step 5: Know Your Rights Against Retaliation 

Reporting wage theft is your legal right. Federal and state laws protect workers who file complaints or participate in investigations. If your employer cuts your hours, demotes you, harasses you, or fires you for speaking up, that’s illegal retaliation. 

You can file an additional complaint for retaliation with the same agency handling your wage theft case. The law may entitle you to reinstatement, back pay, and additional penalties against your employer. 

Step 6: Consider Legal Help 

While labor agencies can resolve many cases, some situations, like large unpaid wage amounts, systematic violations, or retaliation, may benefit from legal representation. An employment lawyer can: 

• Calculate the full amount you’re owed (including overtime, interest, and penalties) 
• File your claim efficiently and correctly 
• Represent you in hearings or court 
• Negotiate directly with your employer for a faster resolution 

Wage theft isn’t just unfair, it’s illegal. Whether your employer denied overtime pay, withheld your last paycheck, or forced you to work off the clock, you have options. If it comes to needing legal support, contact a lawyer with experience in wage theft and employment law. You’ve worked hard for your pay, and you deserve every dollar of it. 

Note: The above article does not constitute legal advice.