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If a contractor withholds your final paycheck, preserve your records, make a short written demand, and file with the state labor agency that handles wage-payment claims. Call the U.S. Department of Labor’s Wage and Hour Division (WHD) at 1-866-487-9243 as well when the missing pay involves federal minimum wage or overtime, possible misclassification, or federally funded construction. The correct route depends on whether you were an employee of the contractor, were labeled a 1099 contractor but may legally be an employee, or were genuinely an independent business. This guide covers United States rules and uses California and Texas examples; final-pay deadlines and penalties differ by state.
First, identify what “contractor” means in your case
“Contractor” can describe several legally different situations. The remedy changes with each one:
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- You were an employee of a construction, janitorial, security, labor or similar contractor. A state wage-payment claim is usually the primary way to recover the agreed final wages. Federal law may provide an additional claim for minimum-wage or overtime violations.
- You were called an independent contractor, paid on a 1099, or signed a contractor agreement. Those labels do not decide employee status under the Fair Labor Standards Act (FLSA). The Department of Labor says, “What the worker is called is not relevant—a worker may be an employee under the FLSA regardless of the title or label they are given.”
- You were a true independent contractor in business for yourself. The unpaid amount is generally an invoice or contract debt, not a paycheck covered by the FLSA. A written demand, civil or small-claims court, arbitration if required by contract, and (for some construction jobs) a bond or lien process may be the relevant routes.
- You are a homeowner unhappy with a contractor who abandoned a remodeling job. That is a contract, licensing or bond dispute, not a worker’s withheld-paycheck claim.
The information below is general U.S. information, not legal advice for a particular worker.
Does federal law require a final paycheck on the last day?
No. Federal law does not generally require immediate final payment. The Department of Labor states: “Employers are not required by federal law to give former employees their final paycheck immediately. Some states, however, may require immediate payment.” Once the regular payday for the last pay period has passed and you still have not been paid, the Department says to contact WHD or your state labor department. Your state’s rule controls the final-pay deadline.
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The FLSA is mainly a floor for covered employees: at least $7.25 per hour and overtime at one and one-half times the regular rate after 40 hours in a workweek, figures published by WHD in its worker FAQ. WHD generally does not collect ordinary promised wages above that floor, commissions above the FLSA minimum, vacation pay, severance, holiday pay or sick pay. Its FAQ explains, “The FLSA does not provide wage payment or collection procedures for an employee’s usual or promised wages or for commissions in excess of those required by the FLSA.” That is why a missing agreed paycheck is often a state claim even when federal law was not violated.
Federal law also does not require a discharge notice, a reason for discharge, pay stubs, or immediate final wages. State law may require some or all of those things.
What should I do before confronting the contractor?
Freeze the evidence first. WHD’s information checklist asks for your contact details, the company’s legal name and location, its phone number, the owner or manager, the type of work, and how and when you were paid.
- Write a day-by-day time and payment record. Record start and finish times, meal breaks, the rate promised, every payment and its date, and the pay periods still missing. The free DOL-Timesheet App can track regular hours, breaks and overtime; WHD also mails free AWARE record-keeping handbooks.
- Save every document. Keep contracts, texts, emails, schedules, timecards, pay stubs, checks, bank records, photographs, job-site addresses and names on company vehicles. If you have a check, photograph or copy it before cashing it and record everything printed on it.
- Identify the correct legal entity. Record the company’s full name, including Inc., LLC or LLP, not only a foreman’s first name. In California, the Labor Commissioner advises checking the business license, the paycheck or the Secretary of State business search because a judgment can be collected only from parties named in it.
- Record contact information that will remain usable. If the company has no permanent address, give WHD a reliable phone number or the address of a friend or relative who can relay mail.
Do not alter originals or send the only copy. Keep a timeline of calls and messages, including when someone promised payment.
How do I demand the missing wages in writing?
Send a brief demand by a method that creates a record and keep a copy. Texas Workforce Commission (TWC) says talking to the employer first resolves many problems. Legal Aid at Work describes a demand letter as “a simple letter explaining that you are owed money and what you want to collect.”
Your letter can state:
- your name and the job or project;
- the last day worked and whether you were discharged or quit;
- the agreed rate, dates and hours (or completed work) that remain unpaid;
- your calculation of the undisputed amount;
- a short, reasonable payment date and where payment should be sent; and
- a request that undisputed wages be paid without requiring a release.
Do not threaten criminal prosecution, a lien, or a penalty unless you have verified that remedy under your state’s law. In California, the Labor Commissioner says that even when part of the amount is disputed, the employer must pay wages that are not in dispute without requiring a release. A California legal-aid guide also says a demand helps show that an employer continued to avoid payment after being asked. Those statements should not be generalized to every state.
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Use the state labor agency for a state-law final-pay dispute, and contact WHD when a federal violation or federal contract is involved. You may contact both; state agencies and WHD often share referrals and enforcement information.
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California: final-pay deadlines, penalties and contractor chains
California’s Labor Commissioner says a discharged employee must receive all wages, including accrued vacation, immediately at termination. A worker who quits with at least 72 hours’ notice is due all wages at quitting; a worker who quits without that notice must be paid within 72 hours. Special rules apply to certain seasonal canning and drying layoffs, motion-picture production, oil-drilling layoffs, and some live-theater or concert-hiring-hall workers, so those industries should check the payday FAQ rather than assume the general rule.
Willful late payment can produce a waiting-time penalty equal to the employee’s daily rate for each day unpaid, up to 30 calendar days. The California FAQ says no penalty applies when the worker avoids or refuses payment or when a genuine good-faith dispute exists; an unsupported or bad-faith position is not enough. Earned commissions are due on the termination timetable, although a commission whose contractual condition has not yet occurred is payable when that condition occurs.
California also gives workers a records right: payroll records must be made available as soon as practicable and no later than 21 calendar days after a reasonable request. The FAQ states that a civil action may seek a $750 penalty for failing to allow inspection or copying within that period. It also says an employer cannot hold wages until a timecard is turned in and must pay the wages it reasonably knows are due on the established payday.
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For a construction worker, the Resources for Workers page says a general contractor may sometimes be liable even when a subcontractor employed you (Labor Code section 218.7). Depending on the industry and facts, an owner, officer or managing agent, a commercial building owner or manager, or a client using a contractor workforce may also be liable. Name every potentially responsible person and company at the start: collection is limited to names on the eventual judgment. A mechanic’s lien is a separate property remedy with very short deadlines; the Labor Commissioner’s wage process does not decide or extend those deadlines.
California’s wage-claim pages explain the filing route and current forms. This article does not supply a filing deadline because the official page reviewed for this guide did not state one. If the Labor Commissioner issues an Order, Decision or Award, the employer has 10 days to pay or appeal. If neither happens, the order is sent to superior court and becomes a judgment. California says such a judgment lasts 10 years from the court issue date and can be renewed after five years and before expiration.
Texas: a 180-day filing window and a defined agency process
The TWC says employers must pay employees in full, on time and on scheduled paydays. A wage claim must be received by TWC within 180 days of the original date the wages were due; mailing it on day 180 is not the same as agency receipt. If only some pay periods remain within the window, claim those timely amounts.
File through the Texas Payday Law page, online or with paper form WH-1 (WH-1S in Spanish). The claim must identify each unpaid wage type, dates worked, the calculation, enough information to locate the employer, and a signature and declaration under penalty of perjury. Include a copy of the latest check or stub, never the original; put your name on every page and file one claim per employer. The page lists fax 512-322-2885 and mail to Texas Workforce Commission, Wage and Hour Department, 101 E 15th St., Room 514, Austin, TX 78778-0001.
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TWC sends the claim to the employer, who has 14 days to respond. Both sides receive a Preliminary Wage Determination Order and may appeal. TWC’s page says one passage treats the determination as final 21 days after mailing if not appealed, while its collection section says collection cannot begin until at least 31 days after mailing. Report both figures as the Commission states them rather than assuming they are interchangeable.
TWC does not pay claims from state funds; it must collect from the employer first. If the employer pays after filing, report the date and amount. Bankruptcy takes the matter out of TWC’s investigation and may require a bankruptcy-court filing. If you are unsure whether you were an employee, TWC says to file and let it investigate.
When should I contact the Wage and Hour Division?
Contact WHD when your pay fell below $7.25 per hour, overtime was not paid, hours were off the clock, classification as a contractor may have denied minimum-wage or overtime rights, or the work was on a federally funded construction or service contract. Call 1-866-487-9243 (1-866-4USWAGE), Monday through Friday, generally 8:00 a.m. to 4:30 p.m. local time; regional hours vary, and the National Contact Center answers nights, weekends and holidays.
- Gather your identity and contact information, the contractor’s legal name and address, manager or owner, job location, pay rate and method, dates and hours, and copies of records.
- Call WHD or use its complaint page. The beta online-question process says replies may take 7–10 business days, so use the phone when timing matters.
- Explain whether the missing money is minimum wage, overtime, ordinary promised wages, or a mixture. WHD will decide whether an investigation is appropriate.
There is no charge to file or for an investigation. WHD says, “All services are free and confidential, whether you are documented or not,” and that an employer cannot terminate or discriminate against you for filing. It enforces the law without regard to immigration status and provides language access in more than 200 languages, with relay access at 7-1-1.
An investigation may include private employee interviews, employer-record review and a final conference. If back wages are owed, the investigator requests payment. Federal remedies described on the Back Pay page include supervised payment, a suit by the Secretary for back wages and an equal amount in liquidated damages, or a private FLSA suit seeking back pay, equal liquidated damages, attorney’s fees and costs. A private FLSA suit generally has a two-year lookback, or three years for a willful violation. WHD’s FAQ states: “The FLSA contains a two-year statute of limitations for non-willful violations and a three-year statute of limitations for willful violations.” File promptly; do not assume that every violation is willful.
Accepting payment supervised by WHD, or a suit already brought by the Secretary, can bar a separate employee FLSA suit for the same wages. Ask the investigator or a lawyer what any payment or release document means before signing.
How do I check Workers Owed Wages?
Do not use Workers Owed Wages as your first complaint. That DOL application is only for money WHD has already recovered and then could not deliver. You search the employer, verify your name, submit contact information for form WH-60, create a login.gov account, upload the signed form and identity documentation, and wait. WHD says processing takes approximately six weeks; “Starting October 1, 2025, all payments will be made electronically.” If the contractor has never been investigated, the database will not create a new claim.
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What if I was misclassified as an independent contractor?
A 1099, a written contractor agreement, off-the-books payment, a business license, the work location, and the time or method of payment do not settle employee status. WHD’s Fact Sheet 13 uses an economic-reality analysis: opportunity for profit or loss, investments, permanence, control, whether the work is integral to the business, and skill and initiative. No single factor controls. For example, a landscaper who only accepts assignments chosen by a company and does not advertise points toward employee status; a landscaper who advertises, negotiates jobs and hires helpers points toward an independent business.
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The official fact sheet is current but classification law is volatile. It says the March 2024 rule remains in effect for private litigation while its legality is litigated, directs readers to Field Assistance Bulletin 2025-1 (May 1, 2025) for WHD’s enforcement position, and notes a proposed rule announced February 26, 2026, with comments due April 28, 2026. It does not establish that a later final rule replaced those materials. Check the fact sheet before filing.
What can a true independent contractor do?
If you were genuinely operating an independent business, the unpaid amount is usually a contract invoice. Send a demand with the contract, completed work, invoice amount and payment deadline. If payment still does not arrive, Texas identifies county civil or small-claims court, arbitration when an agreement requires it, and bankruptcy court when the client has filed bankruptcy. Court has a filing fee and a dollar limit; the TWC page does not state that limit.
For construction, a bond claim or mechanic’s lien may exist, but deadlines can be very short and the wage agency does not prepare or decide the lien. Get advice promptly from a licensed attorney or legal-aid program familiar with construction claims rather than assuming an employee wage form preserves a property claim.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What changes when the job was federally funded?
Tell WHD if the project was federally funded construction, a federally assisted construction project, or a covered federal service contract. Davis-Bacon and Related Acts and the Service Contract Act can add prevailing-wage requirements. The Department’s Davis-Bacon remedies material says a back-wage demand must still be made even if the contractor refuses, and that contracting officers must withhold funds when DOL requests it in writing. That withholding is a government contracting action, not a worker’s private garnishment power, and it does not apply automatically to an ordinary private residential or commercial project.
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Bankruptcy changes the forum and makes delay risky. TWC says it cannot investigate a bankrupt employer and the worker may need to file directly with the Bankruptcy Court. Do not guess at a proof-of-claim deadline or priority amount; obtain the bankruptcy case information and legal advice quickly.
Agency victory and collection are separate. California warns that a judgment against an empty LLC does not reach an owner’s personal assets unless that owner was also named. TWC likewise collects from the employer rather than from state funds and may use lawful liens or bank levies after a final determination. Preserve information about customer contracts, bank accounts, equipment, real estate and other assets, but do not harass customers or seize property yourself.
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How do I protect myself from retaliation?
Keep copies of your complaint, demand and evidence outside the workplace. WHD says workers who file complaints or provide information cannot be discriminated against or discharged because of that activity; remedies can include reinstatement, lost wages and damages. Report retaliatory acts to WHD promptly and preserve the dates, witnesses and messages. Confidentiality has narrow exceptions, but a lawsuit or state administrative record may not be private in the same way.
A practical decision checklist
- Missing agreed wages only: demand payment and file the state wage claim before that state’s deadline.
- Minimum wage, overtime or off-the-clock work: file with the state agency and contact WHD.
- 1099 or contractor agreement but employee-like control: report the label and facts; do not treat the 1099 as decisive.
- True business-to-business invoice: use contract demand, court or arbitration, and investigate any bond or lien deadline.
- Federal construction or service contract: call WHD and identify the project and funding source.
- Bankruptcy notice: stop relying on an ordinary wage-agency timetable and get the bankruptcy case details immediately.
The fastest safe sequence is usually: preserve records today, send a factual written demand, file the state claim before its deadline, and add WHD when federal coverage, misclassification or federal-contract work is present.
Frequently Asked Questions
Can an employer hold my final check until I return tools or equipment?
Do not assume that a withholding condition is lawful. Ask the state labor agency whether the deduction or hold complies with its wage-payment and deduction rules, and document the equipment request separately from the wages you are owed. In California, the Labor Commissioner specifically says an employer cannot hold wages until a timecard is turned in; other states may use different rules.
What if I was paid partly in cash and have no pay stubs?
Start a contemporaneous log of dates, hours, rates and cash amounts, and preserve texts, job schedules, photographs and witnesses. WHD accepts personal records and can investigate even when an employer’s paperwork is incomplete; lack of a pay stub does not by itself erase a wage claim.
Can I file a wage complaint if I am undocumented?
For covered, non-exempt employment, WHD says its services are free and confidential whether you are documented or not and that it enforces the law without regard to immigration status. Retaliation for filing or providing information is unlawful, although you should still obtain individualized advice about immigration issues before signing any settlement.
What if the contractor changed its name or dissolved the company?
Gather the legal entity name from checks, contracts, licenses and the state business registry, and identify owners or related companies that may have controlled the work. Naming the correct parties early matters because a judgment generally can be collected only from the people or companies named in it.
