Summary. Seventeen documents. Template 1 takes ten seconds a day and is worth more than the rest combined.
Two facts that shape everything here
The clock runs backward from the day you file. Every week of delay retires a week of claim. There is no version of this where waiting helps.
The recordkeeping duty is the employer's. Where their records are inadequate or missing, you may prove hours by reasonable inference and the burden shifts to them to disprove it. You do not need perfect records. You need a reasonable, consistent, supported estimate.
Template 1 — Daily hours log
Ten seconds a day. The single highest-value document here.
[Month, Year]
Date Clocked in Actually started Clocked out Actually stopped Meal break taken? Notes 4/2 8:00 7:38 (opened, counted drawer) 5:00 5:26 (closing, cash count) No — ate at desk, answered phones 4/3 Weekly total actually worked: ______ · Paid for: ______ · Difference: ______
Capture every week: pre-clock-in work · post-clock-out work · meal breaks not actually taken · after-hours messages, email, and calls · travel between sites · mandatory meetings and training · on-call time and its restrictions.
Email yourself a copy every Friday. A dated email to an account you control is contemporaneous evidence.
Template 2 — Pay stub audit
| Pay period | Hours shown | Hours I worked | Difference | OT hours paid | OT rate paid | Bonus paid this period | OT recalculated after bonus? | Deductions | Notes |
|---|---|---|---|---|---|---|---|---|---|
| $ | $ | Y / N | $ |
Check every stub for:
- Hours against your log and schedule
- Any week showing exactly 40 that you know exceeded 40
- Overtime paid at all
- The overtime RATE — see Template 3
- Automatic meal deductions on days you got no break
- Pre-shift and post-shift time
- Deductions: uniforms · tools · training · register shortages · breakage · walkouts (restricted or prohibited in many states; any deduction dropping you below minimum wage is a federal violation)
- Your rate against the state and city minimum wage
- Averaging across two weeks (not permitted — each workweek stands alone)
Template 3 — Regular rate recalculation
The violation that appears on no pay stub. Do this for every bonus you ever received.
The rule: overtime is 1.5 × the regular rate, and the regular rate must include nondiscretionary bonuses, shift differentials, commissions, and most incentive pay — not just the base hourly rate.
The recalculation:
Step Formula Your numbers 1. Bonus amount $______ 2. Bonus period [dates] 3. Total hours worked in the period ______ 4. Bonus per hour Bonus ÷ total hours $______ 5. Additional half-time owed per OT hour (Bonus per hour) × 0.5 $______ 6. OT hours worked in the period ______ 7. AMOUNT OWED for this bonus Step 5 × Step 6 $______ Worked example: $800 quarterly production bonus · 520 total hours in the quarter · 60 of them overtime. $800 ÷ 520 = $1.54/hour · × 0.5 = $0.77 additional per OT hour · × 60 OT hours = $46.20 owed for that quarter.
Modest alone. Over three years and four bonuses a year, across a workforce, it is a collective action — and it is arithmetically certain from payroll records.
Bonus date Amount Period Total hrs OT hrs Owed $ $ TOTAL $
Template 4 — Exemption duties worksheet
Salary is one requirement of three. The employer bears the burden of proving all of them.
1. SALARY BASIS
Question Answer Paid a predetermined amount each period? Y / N Has pay ever been docked for a PARTIAL-day absence? Y / N — dates: ___ Docked for a register shortage, breakage, or equipment damage? Y / N — dates: ___ Docked for slow business or lack of work? Y / N — dates: ___ Any "yes" in the last three rows is an improper deduction that can defeat the exemption entirely — potentially for everyone in the classification.
2. DUTIES — what I actually do
Task Approx. % of my time [Running the register / serving / stocking / producing / driving] ___% [Cleaning, receiving, covering breaks] ___% Scheduling, hiring, evaluating, disciplining ___% Analysis, planning, independent decisions ___% 3. EXECUTIVE EXEMPTION
Question Answer Is management my primary duty? Y / N Do I customarily and regularly direct 2+ full-time employees? Y / N — who: ___ Can I hire or fire, or does my recommendation carry particular weight? Y / N Can I set schedules, order inventory, set pay? Y / N Who actually makes those decisions? ___ 4. ADMINISTRATIVE EXEMPTION
Question Answer Office or non-manual work directly related to management or general business operations? Y / N Do I exercise discretion and independent judgment on matters of significance? Y / N Do I follow a detailed manual, script, or checklist? (generally NOT discretion) Y / N The title is irrelevant. "Assistant Manager," "Coordinator," "Analyst," "Supervisor" prove nothing.
Template 5 — Classification worksheet
A signed agreement, a 1099, and a business license do not settle this.
Factor My situation Points toward Who sets when and where I work? Who provides equipment, vehicle, software? Can I subcontract or send a substitute? Do I have other clients? How many? Did I do this same job as an employee before? Do I wear a uniform or logo? Who sets my rate? Is the relationship indefinite or project-based? Can I be terminated at will? Do I have a real opportunity for profit or loss from managerial skill? What is my investment relative to the company's? IS THE WORK THE COMPANY'S CORE BUSINESS? That last row is decisive in ABC-test states. A worker is an employee unless the company proves all three prongs, and the middle prong — work outside the company's usual course of business — fails for anyone doing what the company sells.
What misclassification cost me: overtime $______ · minimum wage shortfall $______ · employer payroll tax share $______ · workers' compensation coverage · unemployment eligibility · anti-discrimination coverage · expenses shifted onto me $______
Template 6 — Hour reconstruction
WEEK-BY-WEEK — [Name], [dates of employment]
Week beginning Hours worked Hours paid Difference OT hours Basis / evidence Schedule + my log Badge logs POS transaction times TOTAL OT Evidence inventory:
Source Have it? Who holds it Requested? My contemporaneous notes ☐ Me — Texts and emails with timestamps ☐ Me / employer ☐ Badge swipe / building access logs ☐ Employer ☐ POS transaction records ☐ Employer ☐ Computer login/logout ☐ Employer ☐ Dispatch / route / delivery records ☐ Employer ☐ GPS / telematics ☐ Employer ☐ Patient charting timestamps ☐ Employer ☐ Posted or texted schedules ☐ Me / employer ☐ Security footage (overwritten in days) ☐ Employer ☐ URGENT Co-worker statements ☐ — ☐ My pay stubs ☐ Me — It does not need to be exact. It needs to be reasonable, consistent, and supported.
Template 7 — Damages calculation
| Item | Calculation | Amount |
|---|---|---|
| Unpaid overtime hours | ___ hrs × $___ (1.5 × regular rate) | $ |
| Unpaid straight time / off-the-clock | ___ hrs × $___ | $ |
| Minimum wage shortfall | $ | |
| Regular rate adjustments (Template 3) | $ | |
| Unlawful deductions returned | $ | |
| State break penalties | ___ days × 1 hr pay | $ |
| State waiting-time penalty | ___ days × daily wage (cap ___) | $ |
| Unpaid accrued vacation | $ | |
| Unpaid commissions | $ | |
| SUBTOTAL | $ | |
| Liquidated damages (equal amount — the default) | × 2 | $ |
| TOTAL | $ | |
| Attorney's fees | shifted to a prevailing plaintiff | — |
Limitations: 2 years federally · 3 for a willful violation · running backward from the filing date · state law frequently longer.
Template 8 — Preservation letter
[Date] · Sent with proof of delivery; copy retained
RE: Preservation of records — [Name], [employee ID], employed [dates]
I have raised a concern regarding wages and anticipate this may become a formal claim.
You are requested to preserve, and not alter, delete, or overwrite:
- All time records, punch data, and timekeeping system data — for me and for similarly situated employees
- All payroll records, including regular rate calculations and all bonus, commission, and incentive payments
- Schedules, posted or distributed, and scheduling system data
- Badge swipe and building access logs
- Point-of-sale, dispatch, route, and delivery records reflecting my activity
- Computer login and logout records
- Security camera footage for [dates] — I understand this is overwritten on a short cycle and ask that it be preserved now
- Communications — email, text, messaging — regarding hours, scheduling, breaks, or pay
- Job descriptions, duties documents, and any exemption or classification analysis for my position
- Handbooks and policies in effect during my employment
Please confirm in writing that these have been preserved.
[Name] · [Contact] · [Date]
Template 9 — Internal complaint
This is what creates the retaliation claim. Keep a copy; note the date; forward to your personal email.
[Date]
RE: Question about my pay
Dear [Manager / HR]:
I want to raise a concern about my pay and ask that it be looked into.
Since approximately [date], I have been working about [N] hours per week, including [pre-shift setup / closing duties / working through meal breaks / after-hours messages]. My pay stubs show [N] hours and no overtime.
[If salaried:] I am classified as exempt. Most of my time is spent on [specific duties]. I would like to understand which exemption applies.
[If a bonus is involved:] I received a [production/attendance/quarterly] bonus of $______ on [date]. My understanding is that a nondiscretionary bonus is included in the regular rate and that overtime worked in that period should be recalculated.
Could you look into this and let me know?
[Name] · [Date]
Template 10 — Classification inquiry
RE: My classification
I would like to confirm how I am classified and understand the basis.
- Am I classified as exempt or non-exempt? If exempt, which exemption applies?
- What is the job description on file for my position? May I have a copy?
- [If a contractor:] I am treated as an independent contractor. Could you explain the basis for that classification given that [I use company equipment / work hours the company sets / have no other clients / perform the company's core business]?
- May I have a copy of my personnel file and all time and pay records?
[Name] · [Date]
Note: many states give employees a right to inspect or copy their personnel file and pay records. Ask; the request costs nothing and the response is informative either way.
Template 11 — Demand letter
[Date] · Sent with proof of delivery
RE: Demand for unpaid wages — [Name], employed [dates]
The employment. I worked for [employer] from [date] to [date] as a [position], [hourly at $____ / salaried at $______], typically [N] hours per week.
The violations.
[ ] Unpaid overtime — hours over 40 not compensated at 1.5 × the regular rate [ ] Misclassification as exempt — my primary duties were [specific]; I did not [manage as a primary duty / direct 2+ employees / exercise discretion on matters of significance]. [Improper salary deductions were taken on (dates).] [ ] Misclassification as an independent contractor — [the company controlled the work, provided equipment, set the rate, and the work is its core business] [ ] Off-the-clock work — [pre-shift / post-shift / automatically deducted meal breaks not taken] [ ] Regular rate — nondiscretionary bonuses of $______ on [dates] were not included; overtime was not recalculated [ ] Minimum wage — deductions for [___] reduced pay below the applicable minimum [ ] Tip credit — [requirement] was not satisfied, so the credit is lost and full minimum wage is owed for all hours [ ] Final paycheck — due [date] under [state statute]; [not paid / paid late on (date)]
The amount. [Insert the Template 7 table.] A week-by-week calculation is enclosed.
The law. The Fair Labor Standards Act provides back wages, liquidated damages in an equal amount, and attorney's fees to a prevailing plaintiff. [State law additionally provides ____.]
I am willing to resolve this without litigation. Please respond by [date, 21 days out]. Otherwise I will file with [the state labor agency / the Wage and Hour Division] and pursue all available remedies.
[Name] · [Contact] · [Date]
Template 12 — State agency wage claim
WAGE CLAIM — [State] [Labor Commissioner / Department of Labor]
Claimant: [Name, address, phone, email] Employer: [Legal name, DBA, address, phone] · Owner(s)/officers: [names] Also named: [staffing agency / general contractor / franchisor], because [basis] Employment: [position], [dates], [rate], typically [N] hrs/week
Claims: [ ] Unpaid overtime — $______ [ ] Unpaid minimum wage — $______ [ ] Off-the-clock work — $______ [ ] Regular rate adjustments — $______ [ ] Unlawful deductions — $______ [ ] Missed break penalties — $______ [ ] Waiting-time penalty — $______ [ ] Unpaid vacation — $______ [ ] Unpaid commissions — $______ [ ] Liquidated damages — $______ TOTAL: $______
Facts: [Chronological, with dates.]
Records: The employer [did / did not] maintain accurate time records. My reconstruction is attached with supporting evidence.
Complaint and retaliation: I raised this internally on [date] — copy enclosed. [Afterward, on (date), (what changed).]
Enclosures: pay stubs · hours log · reconstruction table · damages calculation · internal complaint · schedules · any employer records I have.
Questions for the agency: What is the filing deadline? Does filing toll anything? What remedies are available? Is there a wage payment fund for insolvent employers in this industry?
[Signature] · [Date]
Template 13 — Federal Wage and Hour complaint
COMPLAINT — U.S. Department of Labor, Wage and Hour Division
Complainant: [Name, contact] · Employer: [name, address, phone, approximate number of employees, nature of business] Employment: [position, dates, rate, typical hours]
The violation, in one paragraph: [___]
Whether it affects others: [ ] Yes — approximately [N] employees in the same classification are affected by the same practice. [Describe.]
Supporting facts: [dates, amounts, practices]
Enclosures: pay stubs · hours log · reconstruction · any employer documents.
Note to self before filing: an agency investigation is free and may cover the whole workplace — but you do not control it, a supervised payment may exclude liquidated damages and generally waives your private claim for those wages, and filing does NOT stop the limitations clock for a private suit. Consider a free attorney consultation first.
Template 14 — Retaliation log
Start it the day you complain.
Date I complained in writing: [] · To whom: [] · Copy kept: ☐ · Emailed to myself: ☐
Date What changed Who did it What was said (quote) Witnesses Documented how Hours reduced from ___ to ___ Schedule screenshot Written warning — first in ___ years Copy kept Removed from overtime list Shift/location changed Terminated Before/after comparison: evaluations · commendations · disciplinary history · hours · shifts · assignments.
Ask in writing: "Could you tell me in writing why my hours were reduced?"
Email every entry to your personal account the same day.
Template 15 — Final paycheck demand
[Date]
RE: Final paycheck — [Name], separation [date]
My employment ended [date]. Under [state statute], my final paycheck was due [immediately / within 72 hours / by the next regular payday] — [date].
As of today it has [not been paid / been paid short by $______].
Item Amount Regular wages, [dates] $ Overtime $ Accrued unused vacation $ Earned commissions $ Improper deductions to be returned $ Total $ [If applicable:] A deduction of $______ was taken for [equipment / uniform / shortage / training]. Such deductions are [prohibited / restricted] under [state law].
[If applicable:] [State] law provides a waiting-time penalty of continuing wages for each day the final paycheck is late, up to [N] days — as of today, $______.
Please issue payment within seven days. [Withholding a final paycheck pending return of company property is not permitted in this state.]
[Name] · [Contact] · [Date]
Template 16 — Records request
RE: Request for personnel and payroll records — [Name], [employee ID]
Under [state statute, if applicable], I request copies of:
- My complete personnel file
- All time records for my employment
- All payroll records, including rate history, bonus and commission payments, and regular rate calculations
- My job description(s) and any exemption or classification analysis
- All schedules I was assigned
- Handbooks and pay policies in effect during my employment
- Any document I signed regarding pay, classification, or arbitration
- Records of any deductions taken and their authorization
Please advise of any copying charge before producing. Please respond within [the statutory period].
[Name] · [Contact] · [Date]
Template 17 — Attorney consultation prep
The consultation is nearly always free. Bring this.
BRING
Item ☐ Pay stubs (as many as you have) ☐ Daily hours log and reconstruction table ☐ Damages calculation ☐ Job description, offer letter, contract ☐ Any arbitration agreement you signed ☐ Bonus and commission records ☐ Your written complaint and any response ☐ Retaliation log, if any ☐ Key dates: hire · separation · complaint · retaliation ☐ A one-page written summary ☐ ASK
- Do I have a claim, and what is a realistic range?
- Does my state provide more than federal law — penalties, longer limitations, personal liability?
- Is my limitations clock running, and how much have I already lost?
- Does my arbitration agreement change the strategy?
- State agency, federal agency, or lawsuit?
- Is this likely a collective action?
- Who else should be named — owners, staffing agency, general contractor, successor?
- What happens if they retaliate?
- What does this cost me? (Fee shifting usually means: nothing.)
If a private lawyer is not available: the state labor agency (free) · legal aid · a worker center · a law school clinic. All free, and all would rather hear from you early than in the last month.
The short version
- Start the daily log today. Ten seconds.
- Audit the stubs, and check every bonus for a regular-rate recalculation.
- Test the duties, not the title.
- Test whether the work is the company's core business.
- Send the preservation letter — security footage disappears in days.
- Complain in writing. It creates the retaliation claim.
- Reconstruct reasonably; their missing records are their problem.
- File before the clock takes another week.
- Name everyone — owners, agencies, general contractors, successors.
Related documents
- Wage Theft and Unpaid Wages
- Recovering Unpaid Wages
- Wage Claim and Unpaid Overtime Checklist
- Unemployment Insurance Toolkit
- Workers' Compensation Toolkit
- Employment Discrimination Toolkit
- Self-Represented Litigant Toolkit
Educational only, not legal advice. Adapt every template to your state. State wage and hour law frequently provides more than federal law, and limitations periods, penalties, and personal liability rules vary.
