1
Calculate What You're Owed
Gather pay stubs, time records, and any written communications about your hours or pay. An attorney uses this to calculate unpaid wages, overtime, and any applicable penalties under federal and state law.
2
Send a Demand or File a Complaint
Your attorney sends a formal demand letter or files a complaint with the Department of Labor or your state's labor agency — putting your employer on notice that the underpayment has been identified and must be remedied.
3
Recover Back Pay + Liquidated Damages
Under the FLSA, successful plaintiffs recover 100% of unpaid wages plus an equal amount in liquidated damages — effectively doubling the recovery — plus attorney's fees in many cases.