Wage & Employment

Wage Claim Exhibit Guide

Owed unpaid wages, overtime, or final paycheck? Organize your employment records to recover the money you earned.

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Important: This guide is an informational resource prepared to the best of our knowledge and does not constitute legal advice for your specific situation. You remain responsible for all due diligence and ensuring that your filings conform to applicable court rules. For legal advice about your specific case, consult with a licensed attorney or your local court's self-help center.

Workers have the right to be paid for all hours worked, including overtime. Whether you're filing with your state labor board or going to court, documented evidence of your work and pay is essential. This guide helps you organize records to prove what you're owed.

Document Checklist

Employment Documentation

Offer letter or employment contract
Shows agreed wage rate and terms
Employee handbook
Company policies on pay, overtime, time off
Job description
Your official duties and classification
Termination letter
If you were fired, the written notice

Time & Attendance Records

Time cards or time sheets
Records showing hours you worked
Work schedule
Posted schedules or schedule messages
Personal time log
Your own record of hours worked (if employer records are wrong)
Clock-in/clock-out records
Electronic time system records if available

Pay Documentation

Pay stubs
All pay stubs showing wages, hours, deductions
Bank deposit records
Direct deposit statements showing actual pay received
W-2 or 1099 forms
Tax documents showing annual earnings
Promised bonus documentation
Emails or documents showing bonus promises

Communications

Emails about pay or hours
Any discussions about your wages or schedule
Text messages from supervisor
Work instructions, overtime requests
Written complaints about pay
Any complaints you made to HR or management
Responses from employer
How employer responded to your concerns

Common Mistakes to Avoid

Don't make these errors

1Not keeping your own records of hours worked
2Waiting too long to file (wage claims have short deadlines)
3Not calculating exactly how much you are owed
4Forgetting to include all types of unpaid compensation (tips, commissions, bonuses)
5Not filing with the labor board first (often required before lawsuit)

Organization Tips

Pro tips for success

Keep copies of every pay stub and employment document
Take photos of posted schedules and time records
Create a spreadsheet calculating exact amounts owed by pay period
Document the date you first complained about the pay issue
Save all work-related text messages and emails

Courtroom Preparation

Be prepared for your hearing

File with your state labor board - they investigate for free
Calculate your claim precisely: regular wages + overtime + penalties
Know if your state has waiting time penalties or interest
Bring evidence of your regular rate of pay
Be prepared to explain your job duties (for overtime exemption issues)
Consider whether coworkers were also affected (potential class action)

Frequently Asked Questions

How do I file a wage claim?

Most states have a labor board or department of labor where you can file a claim for free. They will investigate and try to recover your wages. You can also sue in small claims or regular court.

What is the deadline for filing a wage claim?

Deadlines vary by state and type of claim, typically 1-4 years. The sooner you file, the more wages you can recover. Check your state labor board website for specific deadlines.

Can I sue for unpaid overtime?

Yes, if you're entitled to overtime. Most hourly workers must receive 1.5x pay for hours over 40/week. Some salaried workers are also entitled to overtime depending on job duties and pay level.

What if my employer says I was exempt from overtime?

Employers often misclassify workers to avoid overtime. Exemption depends on actual job duties, not job title. Document your daily tasks - if you don't supervise others or make major decisions, you may be entitled to overtime.

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