Unpaid Wages
If you worked the hours, you earned the pay — overtime, tips, every minute on the clock. When an employer holds back what you’re owed, we help you get it back.
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What counts as unpaid wages?
Unpaid wages are any earnings your employer owes but hasn’t paid — unpaid overtime, work off the clock, stolen tips, illegal deductions, or a final paycheck that never came. Both federal and state law require employers to pay workers fully and on time for every hour they work.
Common situations we handle
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Unpaid Overtime
Not being paid time-and-a-half for hours worked over 40 in a week
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Off-the-Clock Work
Being made to work before clocking in, after clocking out, or through breaks
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Wage Theft
Any time an employer keeps money you earned, in any form
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Tip Violations
Having your tips taken, pooled illegally, or counted against your wages
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Employee Misclassification
Being labeled a contractor to avoid paying you overtime and benefits
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Final Paycheck Violations
Not getting your last paycheck in full, or on time, after leaving a job
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Illegal Deductions
Having money taken out of your check that shouldn’t be
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Minimum Wage Violations
Being paid less than the minimum wage you’re legally owed
The pay you earned isn’t optional
Wages aren’t a favor or a bonus. Once you’ve worked the hours, that money is legally yours — and your employer holding it back is against the law, not just unfair.
Many workers don’t realize how much they’re owed. Unpaid overtime adds up fast. Off-the-clock minutes stack into hours. Illegal deductions repeat every paycheck. And in many cases, the law lets you recover more than the amount withheld — sometimes double or triple, plus penalties.
The money adds up faster than you’d think.
5 unpaid overtime hours a week at $20/hour = $150/week
Over a year, that’s $7,800 —
and the law may double it to $15,600, before penalties.
How unpaid wages show up at work
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Federal and state protections
Unpaid wages are protected under both federal and state law.
Federal
The Fair Labor Standards Act (FLSA) sets the national floor for wages, requiring minimum wage and overtime pay of time-and-a-half for hours worked over 40 in a week. It also governs how employers must track hours and handle tips.
Minnesota
The Minnesota Fair Labor Standards Act sets a higher minimum wage than federal law and adds protections around overtime, meal and rest breaks, and the timing of final paychecks. Minnesota law can also allow workers to recover more than the wages they’re owed.
Learn moreIllinois
The Illinois Minimum Wage Law and Wage Payment and Collection Act set a higher minimum wage than federal law and give workers strong protections against wage theft, late paychecks, and illegal deductions — with significant penalties for employers who violate them.
Learn moreWhich law applies depends on your situation. Not sure? That’s what we figure out with you.
When your employer owes you
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Overtime hours
When you work more than 40 hours a week and don’t get time-and-a-half.
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Before and after your shift
When you’re doing job tasks off the clock — setup, cleanup, closing
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During “unpaid” breaks
When you’re working through a break your employer isn’t paying for
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Training and meetings
When required training or meetings go unpaid
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Travel between job sites
When work travel during the day isn’t compensated
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Tips you earned
When management takes a cut or pools tips illegally
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Your final paycheck
When you leave and your last check is late, short, or missing
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Every paycheck
When illegal deductions or miscalculations repeat over time
When wages are withheld, the law often lets you recover more than just the missing pay:
- The unpaid wages themselves
- Liquidated damages — often equal to the unpaid amount, effectively doubling it
- In some cases under state law, up to triple the wages owed
- Interest on what you’re owed
- Civil penalties against the employer
- Attorney’s fees and costs
Every case is different. What you can recover depends on the facts, the law, and the employer’s conduct.
How we handle unpaid wages cases
Every case starts with a free call. We listen first. If you have a case, we tell you what it looks like — what’s likely to happen, how long it might take, what’s realistic. If you don’t have a case, we tell you that too and try to point you toward someone who can help.
On contingency, you pay nothing unless we win.
Attorneys who handle these cases
Meet the full team
Shawn Wanta
Founding Partner
Recognized among the nation’s Top 100 Civil Plaintiff and Top 10 Wage and Hour attorneys, a determined litigator fighting for workers in class and collective actions.
Admitted in MN · IL
Joni Thome
Founding Partner
Drawing on 25 years of representing professionals and managers, a steady advocate for employees facing discrimination, harassment, and retaliation in the workplace.
Admitted in MN
Suzanne Heywood
Attorney
Driven by her own encounters with corporate unfairness, a tenacious champion focused on protecting the rights, livelihoods, and futures of hardworking professionals.
Admitted in IN · IL · MI
Luke Molvarec
Attorney
Forged by his background as a Marine, an unwavering defender fighting to level the playing field and secure meaningful financial recovery for unfairly treated workers.
Admitted in IL
Common questions about unpaid wages
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How do I know if I’m owed overtime?
If you work more than 40 hours in a week and aren’t paid time-and-a-half, you may be owed overtime — even if you’re on salary. Many employers wrongly treat workers as “exempt.” Being paid a salary doesn’t automatically mean you don’t qualify for overtime.
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My employer said I’m not eligible for overtime because I’m salaried. Is that true?
Not necessarily. Salary alone doesn’t determine overtime eligibility — your actual job duties and pay level do. Many salaried workers are misclassified as exempt and are legally owed overtime. It’s worth having someone review how you’re classified.
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Can my employer take my tips?
Generally, no. Tips belong to the workers who earn them. Managers and owners usually can’t take a share, and tip pools have strict legal rules. If your tips are being taken or redistributed improperly, that may be wage theft.
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How much can I recover if I was underpaid?
Often more than the unpaid amount itself. Many wage laws allow liquidated damages that double what you’re owed, and some state laws allow up to triple, plus penalties and attorney’s fees. The total depends on the violation and which law applies.
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Can I be fired for asking about my unpaid wages?
No. Retaliating against you for asking about or claiming unpaid wages is illegal. If your employer cut your hours, demoted you, or fired you after you raised the issue, that’s a separate violation on top of the wage claim.
From our insights
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Ready to find out where you stand?
Five fields, no story needed yet — that comes on the follow-up call. Most people hear back within five minutes if Nina is enabled, or the same business day if not.
Your submission is confidential. We do not contact your employer.
Common questions
How far back can I claim unpaid wages?
It depends on the law and the violation — federal claims often reach back two years, or three for willful violations, and state deadlines vary. Because the clock is running and older wages can drop off, it’s best to act sooner rather than later.
Do I need proof of my hours to make a claim?
It helps, but you’re not sunk without it. Employers are legally required to keep accurate time records, and when they don’t, the law often works in the worker’s favor. Your own notes, pay stubs, and recollection can support a claim.
What if I was paid in cash?
You’re still owed proper wages, overtime, and protections. Being paid in cash doesn’t remove your rights — and an employer paying cash to avoid records can actually strengthen your position. Keep whatever records you can of hours and amounts.
How much does it cost to hire a wage lawyer?
For most cases, nothing upfront. We work on contingency, and in many wage cases the law requires the employer to pay your attorney’s fees on top of what you recover. The first call to find out if you have a case is free.
Can a group of coworkers bring a wage claim together?
Yes. When an employer shorts one worker, it’s often shorting many. Wage cases can be brought collectively, which can make them stronger and spread the effort. If your coworkers are in the same situation, that’s worth mentioning when we talk.