Unpaid Wages Overtime Demand Letters Us General

Determine whether you are properly classified as exempt or non-exempt from overtime. Under the FLSA, you must meet both a salary test and a duties test to be exempt.

Your regular rate is not just your base hourly wage—it includes non-discretionary bonuses, shift differentials, and certain commissions, divided by total hours worked.

Example: You worked 50 hours in one week at $15/hour base pay, with a $50 weekly production bonus.

Document every pay period in which you were shorted. Multiply each shortfall by the number of weeks and then apply:

• Liquidated damages: Equal to 100% of unpaid wages (automatic unless employer proves good faith)
• Attorneys’ fees and costs: The FLSA allows prevailing employees to recover their attorney fees

1. Your employment details: Job title, dates of employment, department, typical hours, pay rate
2. The violations: Unpaid overtime, off-the-clock work, improper exemption, etc.
3. Legal basis: Cite 29 U.S.C. § 207 (FLSA overtime) and any applicable state law
4. Detailed calculation: Show week-by-week or pay-period totals, regular rate, overtime premium owed
5. Liquidated damages claim: State that you are entitled to an additional 100% under 29 U.S.C. § 216(b)
6. Attorneys’ fees warning: Note that prevailing plaintiffs recover their legal fees
7. Deadline for response: Typically 14–21 days to settle before filing with DOL or federal court

Dear [Employer/HR Contact]:

I am writing to formally demand payment of unpaid wages and overtime compensation owed to me under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., and [State] wage laws. From [start date] through [end date], I worked as a [job title] at [company]. Despite working more than 40 hours per week on a regular basis, I was improperly classified as exempt from overtime and was not paid time-and-a-half for hours exceeding 40 per week.

As detailed in the attached calculation, I am owed at least $[amount] in unpaid overtime wages for the period covered by the applicable statute of limitations. Under the FLSA, I am also entitled to liquidated damages in an equal amount (29 U.S.C. § 216(b)), bringing my total claim to $[2× amount], plus attorneys’ fees and costs if I am forced to litigate.

Include a clear table showing:

I am willing to resolve this matter amicably and avoid the cost and burden of litigation. However, if I do not receive payment in full or a reasonable settlement proposal within 21 days of the date of this letter, I will have no choice but to file a complaint with the Department of Labor’s Wage and Hour Division and/or pursue my claims in federal court, where I will seek all available remedies, including liquidated damages, prejudgment interest, attorneys’ fees, and costs.

Please direct all communications regarding this matter to me at [email/phone]. I expect a substantive response by [specific date].

Sincerely,
[Your Name]

• Direct supervisor or manager: If your company is small and informal
• Human Resources department: Larger employers typically route wage disputes through HR
• Payroll department: For purely computational errors (e.g., timesheet mistakes)
• Company owner or CFO: For smaller businesses or executive-level claims
• Registered agent (certified mail): If you want a formal paper trail or anticipate litigation

• Timesheets or time records: Copies of punch-in/punch-out logs, timecard photos, or your own contemporaneous notes
• Pay stubs: Showing what you were actually paid vs. what was owed
• Employment contract or offer letter: Showing your pay rate and job title
• Job description: To rebut any claim that you were properly exempt
• Emails or texts: Manager directing you to work off-the-clock, come in early, skip breaks, etc.
• Calculation spreadsheet: Your detailed week-by-week or pay-period analysis

The DOL’s Wage and Hour Division (WHD) investigates FLSA violations at no cost to you.

You can sue your employer directly under 29 U.S.C. § 216(b) without first filing a DOL complaint.

• Your claim exceeds $10,000 in unpaid wages
• The employer disputes your classification (exempt vs. non-exempt)
• The employer has sophisticated legal counsel or HR
• You were retaliated against for asserting your wage rights
• Multiple employees were affected (potential collective action)
• You want to assert both federal FLSA and state-law claims

I represent employees in federal and state wage and hour disputes nationwide. Whether you need a demand letter drafted, DOL complaint assistance, or full federal court representation, I provide strategic, results-driven advocacy tailored to your situation.

• Demand Letter Drafting: Comprehensive letter with detailed wage calculations, legal citations, and liquidated damages demand
• DOL Complaint Preparation: Assisting with Wage and Hour Division filings and follow-up
• FLSA Litigation: Filing and prosecuting individual or collective actions in federal court
• Settlement Negotiation: Securing maximum recovery without the cost and delay of trial
• Hybrid State-Federal Claims: Asserting both FLSA and state wage laws to maximize damages
• Retaliation Defense: Protecting your job and pursuing damages if your employer retaliates

1. Comprehensive audit: I review your pay stubs, timecards, employment contract, and job duties to identify all wage violations (not just overtime—also meal breaks, expense reimbursements, etc.)
2. Precise damage calculation: I calculate your regular rate correctly, account for non-discretionary bonuses, and document every unpaid hour
3. Strategic demand drafting: I draft a demand letter that signals serious intent, references both FLSA and state law, and includes a liquidated-damages warning
4. Aggressive follow-up: If the employer doesn’t respond or disputes the claim, I move quickly to DOL complaint or federal lawsuit
5. Maximized recovery: I pursue not just unpaid wages, but liquidated damages, penalties, interest, and attorneys’ fees—often doubling or tripling your net recovery