Employer didn't pay wages in North Carolina: what to do

Write down every day and hour you worked that wasn't paid, your pay rate, and your paydays. Start a log now if you don't have one.

Why: If the employer's records are missing or wrong, your own careful record can be used to prove your hours.

Keep pay stubs, schedules, texts about shifts, and photos of time sheets. Don't take company documents you aren't allowed to have.

Why: Your own records and messages are evidence; taking confidential documents can cause problems.

Ask your employer or payroll in writing (text or email is fine) to pay the missing amount.

Why: Many mistakes are fixed quickly, and a written request shows when you asked.

Find your state's wage claim agency and deadline on wageclaimmap.com.

Why: Deadlines differ a lot by state; in some states the agency deadline is only months.

File a wage claim with your state agency, or a complaint with the US Department of Labor's Wage and Hour Division (1-866-487-9243). Both are free.

Why: The agency investigates and can order the employer to pay; you don't need a lawyer.

If you answered “Regular pay or hours” to “What wasn't paid?”

For regular pay above minimum wage (for example a promised hourly rate or a missed paycheck), your state wage agency or small claims court is usually the route.

Why: Federal law mainly covers minimum wage and overtime, so other unpaid pay depends on state law; your state page explains it.

If you answered “Overtime” to “What wasn't paid?”

Under federal law, most hourly workers must get 1.5 times their regular rate for hours over 40 in a workweek (29 U.S.C. 207). Some states also have daily overtime; your state page shows the rule.

Why: Count your weekly hours from your log; overtime is figured week by week.

If you answered “Less than minimum wage” to “What wasn't paid?”

The federal minimum wage is $7.25 an hour (29 U.S.C. 206). Many states and cities set a higher rate, and your employer must pay the highest one that applies to you; your state page lists your state's rate.

Why: The difference between what you were paid and the required rate, for every hour, is what you can claim.

If you answered “Tips” to “What wasn't paid?”

Under federal law, an employer may not keep workers' tips, including letting managers or supervisors take part of them (29 U.S.C. 203(m)(2)(B)).

Why: Kept tips can be claimed through a US Department of Labor complaint or a lawsuit, like unpaid wages.

If you answered “Yes” to “Do you still work there?”

If you still work there, know that federal law makes it illegal to fire or punish you for complaining about pay or filing a complaint.

Why: Write down any change in hours, pay or treatment after you complain, with dates.

If you answered “No” to “Do you still work there?”

Check your final paycheck deadline for your state.

Why: Many states set a short deadline for the last paycheck after you quit or are fired, and some add penalties.

If you answered “Yes” to “Were you paid as an independent contractor (a 1099) instead of an employee?”

Read the Labor Department's guidance on misclassification. Being paid on a 1099 doesn't by itself mean you aren't an employee.

Why: Employees are owed minimum wage and overtime; independent contractors are not.

Go to any meeting or hearing the agency schedules, and bring your log and documents.

Why: The agency decides based on records and your testimony.

Small claims court is another option if the amount fits your state's limit.

Why: It can be faster in some places, but the court doesn't collect for you.

For unpaid overtime or minimum wage, you can also sue under the federal FLSA within 2 years (3 years if the violation was willful). Many lawyers take these cases because the employer can be ordered to pay your attorney's fees.

Why: A winning FLSA case can also include an equal amount as liquidated (double) damages.