Labor & Employment Law - Payment of Wage Section - Spanish Version
Download the English version of the Claim for Unpaid Wages Form here
Questions to Answer Before Completing the Claim for Unpaid Wages Form
Please read the following questions carefully before completing the form.
This Virginia Department of Labor and Industry assists in the collection of unpaid wages, but can only collect wages for time worked; we do not collect fringe benefits.
A completed payment of wage form is required to initiate an investigation.
PLEASE DO NOT SUBMIT A PAYMENT OF WAGE CLAIM REGARDING THE FOLLOWING ISSUES:
- Are you claiming VACATION PAY, SICK PAY, SEVERANCE PAY, HOLIDAY PAY, OTHER FRINGE BENEFITS, OR BUSINESS EXPENSES that you believe are owed to you? While you may be legally entitled to such claims under contract law, this Department does not accept these types of claims for investigation. You may wish to consult a private attorney to discuss your claim.
- Is this a WORKERS' COMPENSATION issue? We do not have jurisdiction over these matters: please contact the Virginia Workers' Compensation Commission, 1000 DMV Drive, Richmond, Virginia, 23220, phone (804) 367-8600.
- Are you an INDEPENDENT CONTRACTOR or a 1099 Employee rather than a direct employee? Whether you are legally an independent contractor is not determined by any documents that may have been signed, but by standards promulgated by the IRS. This Department has the authority to assist only employees; we do not have jurisdiction over independent contractors. You may wish to consult a private attorney to discuss your claim.
- Are you EMPLOYED BY AN INDIVIDUAL AS A DOMESTIC WORKER, SUCH AS A BABY-SITTER, MAID OR GROUNDSKEEPER? We do not have jurisdiction over these matters: you must file in court. You may wish to consult a private attorney to discuss your claim.
- Is this complaint for OVERTIME pay? Virginia law does not provide for time-and-a-half overtime: please contact the U.S. Department of Labor, Wage and Hour Division, 400 North 8th Street, Richmond, Virginia, 23240, phone (804) 771-2995. (USDOL)
- Is this claim for money owed by a BANKRUPT EMPLOYER? We do not have jurisdiction over these matters; please contact the United States Bankruptcy Court. Click here for additional information and forms http://www.uscourts.gov/services-forms/bankruptcy.
- Is the Employer (or former Employer) or owner out-of-business? The Virginia Department of Labor and Industry cannot pursue wage claims against a closed business.
- Was all of the WORK PERFORMED OUTSIDE VIRGINIA? We do not have jurisdiction over these matters; your claim should be filed in the state in which the work was performed.
- Is this a claim for a BONUS? You are legally owed bonuses only if prior to performing the work, you were promised the compensation in return for the work. You are not legally owed bonuses given at the discretion of the employer after the work has been performed.
- Is there a COURT CASE PENDING? The Department does not accept claims when a case has already been filed in court.
- Did you work under a written employment agreement? If so, your recourse is through the appropriate court as the Department does not accept claims for investigation when a written employment agreement was entered into by the parties. You may wish to consult a private attorney to discuss your claim.
- Is your wage claim for $15,000.00 or more? This agency investigates claims for wages, salaries or commissions under $15,000.00. If your wage claim is for more than $15,000.00, you may wish to consult with a private attorney who may be able to assist you in pursuing this matter.
- Were you an Officer or Executive of the company? We do not investigate claims raised by corporate officers or executives with authority over the financial affairs of the company, or those by individuals whose cases are already in litigation. Nor do we investigate cases where a written employment agreement governs the employee's compensation..
Directions for Filing the Initial Claim for Unpaid Wages
U.S. Postal mail only. Faxed forms cannot be accepted!
If you are claiming pay for work performed, please print out and submit your completed claim form to the following address by U.S. Mail:
Division of Labor and Employment Law
Virginia Department of Labor and Industry
600 East Main Street, Ste. 207
Richmond, Virginia 23219.
Remember to sign the claim form and make sure to include the employer’s full address as well the total amount of wages claimed.
Please include your email address for notices about your claim.
Reminder: Faxed or emailed forms cannot be accepted.