Unpaid Wages, Commissions & Expense Reimbursement Demand Letter Generator
Generate a formal statutory Wage Demand Letter citing FLSA and state labor penalties (2x/3x liquidated damages + daily waiting time penalties).
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3. How the rule works
Who this is for
Employees and former employees who are owed wages, commissions or expense reimbursements and want to send a clear written demand before filing with a labor agency or court.
It is a letter template; adapt it to the facts and keep copies.
What to have ready
- Pay stubs and the pay periods affected.
- Commission statements or plans, if relevant.
- Receipts for unreimbursed expenses.
- The employer's legal name and payroll or HR contact.
The rule
Wage statutes typically give employees stronger remedies than ordinary contract claims. The FLSA, 29 U.S.C. § 216(b), awards unpaid minimum wage and overtime plus an equal amount as liquidated damages and attorney's fees to a winning employee. California Labor Code § 1194 gives attorney's fees for minimum wage and overtime claims, § 218.5 covers fees in other wage actions, and § 2802 requires reimbursement of necessary business expenses. New York Labor Law § 198 provides liquidated damages of 100% and attorney's fees.
A demand letter is not required before filing, but it puts the amount, the period and the legal basis in writing, gives the employer a chance to fix a payroll mistake, and creates a record of when the employer was told. State labor agencies, such as the California Labor Commissioner, also accept wage claims without a lawyer.
Read the official text:
- 29 U.S.C. § 216(b)
- California Labor Code § 2802
- New York Labor Law § 198
- U.S. Department of Labor: how to file a complaint
Worked example: itemising a $3,850 demand
Jordan left a sales job on June 30 and is owed a commission and expenses.
Commission on deal closed June 12 $3,200 Unreimbursed mileage, May-June $410 Phone bill share, May-June $240 Total demanded $3,850 Pay by: July 21 (7 days after the letter), by direct deposit Legal basis: written commission plan section 4; Cal. Lab. Code §§ 201, 2802
Common mistakes
- Giving a single lump figure. Break the amount into periods and types so payroll can check it.
- Overstating penalties as automatic. Say what the statute allows; agencies and courts decide the penalties.
- Sending it only to a manager. Copy payroll or HR and keep proof of delivery.
- Letting the limitation period run while negotiating.
Limits of this tool
- Wage remedies and deadlines vary by state and by the kind of wages owed.
- The template does not calculate penalties; use the dedicated calculators for those.
- Independent contractors may need a contract claim instead, unless they are misclassified.
Sources were last checked in October 2026. Statutes are amended often; if the official text differs from this page, the official text controls.
4. Clear Next Steps & Statutory Action Plan
- List each unpaid item with dates, amounts and the document that supports it.
- Send the letter to the employer's payroll or HR and a company officer, keeping proof.
- If unpaid by the deadline, file with your state labor agency or the U.S. Department of Labor.
5. Frequently Asked Statutory Questions (29 U.S.C. § 216(b); Cal. Lab. Code § 201–203, § 1194 & § 2802; N.Y. Lab. Law § 198)
Why do wage claims mention attorney's fees?
Several wage laws, including the FLSA and California Labor Code § 1194, require the employer to pay a winning employee's reasonable attorney's fees, which makes it costly for employers to contest valid claims.
Do I need a lawyer to file a wage claim?
No. State labor agencies such as the California Labor Commissioner and the U.S. Department of Labor take complaints directly from workers.
How long do I have?
It depends on the claim and state: two or three years under the FLSA, generally three in California under the Labor Code, and six in New York.
Can my employer retaliate for sending a wage demand?
Retaliating against an employee for complaining about unpaid wages is prohibited under the FLSA's anti-retaliation provision and state laws such as California Labor Code § 98.6.
Should I include penalties in the demand amount?
You can list them separately as amounts the statute allows. Keeping the unpaid wages as the main figure makes it easier for payroll to check and pay quickly.
Should I send the demand to HR or a manager?
Send it to payroll or HR and copy a company officer if you can. Use an address the company actually monitors and keep proof of delivery.