An employee may file a claim with the department for unpaid wages against an employer if the amount of such wages does not exceed five thousand dollars and if such claim is filed within one year of the accrual of such claim.
When filing a claim for unpaid wages you must provide the employer’s name, address, telephone number and description of the business. You will need to indicate the amount of wages owed and the pay period(s) which you were not paid. A copy of your claim and any attachments will be sent to your former employer. We are not able to accept any request for confidentiality.
Supporting documents cannot be attached to the wage claim form if submitted through the online system. After submitting the form online a department representative will contact you within five business days with your claim number and instructions on how to submit documents relevant to your claim.
IMPORTANT: This form must be completed in its entirety, including the name and address of the employer and claimant. Failure to do so may cause a delay in processing.
INSTRUCTIONS FOR FILING A WAGE CLAIM COMPLAINT
- Answer all questions on the wage claim form completely.
- [R20-5-1002]–A claimant shall provide; Employer’s name, address, telephone number, description of business.
- Incomplete forms or if it is unreadable will not be accepted and will be returned to you, which may delay or hinder the processing of your claim.
- Please contact the Department immediately if you move and/or change your address.
- A copy of this claim and any attachments submitted by you will be sent to your former employer. We are not able to accept any request for confidentiality.
- To support your claim be prepared to submit any documents relevant to the breakdown or calculations i.e. pay stubs, company policies when you are contacted by a representative of the Labor Department. This will assist in the Investigation process.
- Unpaid wages must be filed within one (1) year from the date the wages were earned or the Labor Department will not be able to investigate your claim.
- You must make an attempt to return any or all property to your former employer.
- Your wage claim amount owed cannot exceed $5000.00. If you are owed more than this amount your recourse is to file through Small Claims Court or Superior Court.
- If your employer has filed Bankruptcy, you cannot file a wage claim with our Department. Contact the Bankruptcy Courts at 602-682-4001.
- If you are claiming overtime hours you can only file with this department if the employer has a history of paying you overtime wages. If not you can contact the Federal Wage & Hour Division at 602-514-7100.
Be advised that the process of your claim can be a lengthy procedure. The Investigation process is based on how and when your employer responds and the complexity of the issues involved. Our goal is to have the investigation completed prior to 90 days.