Who May File a Wage Claim

Employees have the right to file a wage claim with the Equal Rights Division if there is a dispute with the employer in the amount of wages owed, or if an employer fails to pay the wages agreed upon for the time actually worked. If the employer refuses to pay wages earned on the regular established payday, the employee should request payment. If the employee doesn't receive the payment after 6 days, the employee may file a claim, using the Labor Standards Complaint Form, with the Division within 2 years of the date earned. Once a claim is filed, the department will seek to resolve the matter with the employer.

The Division may take action on the following types of wage claims:
Salaries, Commissions, Holiday Pay, Vacation Pay, Severance Pay, Dismissal Pay, Bonuses, Illegal Deductions, supplemental unemployment compensation benefits when required under a binding collective bargaining agreement, other similar advantages agreed upon between the employer and the employee, other similar advantages provided by the employer to his employees as an established policy.

Union members who wish to file wage claims will be advised by the department to file their claims with their local union representatives.