Calculate unpaid wages, overtime, meal/rest break penalties, and state-specific statutory damages for CA, NY, TX, FL, IL, and WA
File in the state where you performed the work. If you worked in multiple states, you may be able to file in the state with the most favorable laws. California (DLSE), New York (DOL), and Illinois (DOL) generally provide the strongest employee protections and highest penalty amounts.
Yes. You can file both a state wage claim and a federal FLSA claim simultaneously. The FLSA provides a federal floor: unpaid wages + equal liquidated damages (2x) + attorney fees. However, you cannot double-recover for the same wages. An attorney can help structure the claims to maximize total recovery.
Liquidated damages are a statutory penalty that typically doubles your unpaid wages. Under the FLSA, liquidated damages equal 100% of unpaid wages (unless the employer proves good faith). New York also provides 100% liquidated damages under NYLL 198. California does not use the term "liquidated damages" but provides similar penalties through waiting time penalties (LC 203) and PAGA.
I draft employment demand letters citing state-specific wage statutes and penalty calculations. Most employers settle within 10-30 days to avoid escalation.
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