Employees that do not receive payment due from an employer may seek help by filing a complaint with the Department of Labor, the government department responsible for protecting workers' rights under existing labor laws, according to Reference.com. By law, an employer is required to pay an employee in a timely manner for all work hours earned under their supervision.
Employees that do not receive pay that is rightfully due them should check state laws regarding workers' rights. Should the worker choose to file a formal complaint, they may do so free of charge. According to the U.S. Department of Labor's Wage and Hour Division, complaints require specific information such as employee name, employer name, contact information and details about the type of work performed and methods of payment. It is also helpful to include records like copies of pay stubs and time sheets.
According to U.S. News and World Report Money, taking action to receive payment that has been rightfully earned can be done without fear of reprisal from an employer. Employers cannot terminate an employee for filing a complaint. In fact, employers cannot legally withhold payment for reasons such as poor performance or damage to business property. It is also illegal for an employer to ask a non-exempt employee to work off the clock . Legally, employers must compensate employees for regular and overtime hours.