If an employer in the United States did not pay you for hours you worked, the federal office that takes the complaint is the US Department of Labor’s Wage and Hour Division (WHD). WHD says filing is free and it enforces the law regardless of immigration status. The Department of Labor (DOL) also says it works directly with the Embassy of Guatemala and its consulates to help Guatemalan workers. This page explains how to file, what evidence WHD asks for, the federal time limits, and where the consulate fits in. Every fact below comes from DOL pages we read on 15 October 2026.
Quick summary: To file, call WHD at 1-866-487-9243. DOL’s Spanish-language migrant worker page gives this number for unpaid-wage complaints. WHD says there are no charges to file or for its investigation. It says complaints are confidential and that it enforces the law without regard to immigration status. Under the federal Fair Labor Standards Act (FLSA), the limit is 2 years, or 3 years for willful violations, and WHD asks workers to file as soon as possible. Gather pay stubs, your own record of hours, and the employer’s name, location and phone. For a Guatemalan referral, DOL lists the Embassy of Guatemala at (202) 745-4953 and says the embassy will give you the number of your nearest consulate. Verified 15 October 2026.
Your right to be paid for every hour
DOL’s Spanish-language guide for migrant workers states the rule in one sentence: “Usted tiene derecho a que le paguen todas las horas que haya trabajado”. In English, that means you have the right to be paid for all the hours you worked.
WHD’s own FAQ for workers says: “We will enforce pay for hours worked for all covered, non-exempt employees.” If you are unsure whether your job is covered, ask when you call.
How to file: one phone number
According to DOL’s migrant worker page, if you believe your employer has not paid you all the wages it owes you, you can call WHD at 1-866-487-9243. DOL says the complaint can lead to an investigation of the company to determine whether it complied with the applicable law.
You do not need to speak English. WHD says it is a multilingual organization and can communicate with callers in more than 200 languages.
If WHD finds back wages are owed, DOL says WHD will collect them and do what it can to locate you. You can check whether WHD has collected back wages for you on DOL’s Workers Owed Wages site, which DOL says has a Spanish option. You can also call 1-866-487-9243 with questions. Your contact details matter for this step.
Evidence checklist: what WHD asks for
WHD’s complaint-information page lists what to have ready. The left column below follows WHD’s list. The notes on the right are our practical suggestions.
| What WHD asks for | Practical note |
|---|---|
| Your name | Use the name the employer knew you by, and mention any other name on your pay records |
| Your address and phone number (how you can be contacted) | WHD says it tries to locate workers who are owed back wages, so give contact details that will still work later |
| The name of the company where you work(ed) | Copy it as it appears on checks or pay stubs, if you have any |
| Location of the company | WHD notes this may be different from where you worked |
| Phone number of the company | Any number you used to reach the employer |
| Manager or owner’s name | WHD wants to know whom to ask to speak to |
| Type of work you did | For example, the job or tasks you were hired for |
| How and when you were paid | WHD’s examples: cash or check, every Friday |
| Copies of pay stubs, personal records of hours worked, other information on pay practices | WHD calls these helpful |
If you have no pay stubs: WHD lists personal records of hours worked as useful evidence. Our suggestion is to start a dated log now. Note each day you worked, your start and end times, who supervised you, and what you were paid and how. Keep photos of any checks, envelopes or payment messages.
We found nothing in the DOL guidance that requires a RENAP certificate or apostille to file a wage complaint.
Time limits: file early
WHD gives these federal limits under the FLSA:
| Type of FLSA violation | Statute of limitations (WHD) |
|---|---|
| Non-willful | 2 years |
| Willful | 3 years |
WHD adds that, generally, it will look back over the past two years to see whether wages are owed. It says employees should “file complaints with the Wage and Hour Division as soon as possible” so the investigation can be completed before the limit runs out. The WHD guidance we read does not say whether filing a complaint pauses that clock, or what happens with late filings. Do not wait.
Immigration status, confidentiality and retaliation
- Status: WHD says it enforces the law “without regard to an employee’s immigration status”. It adds that no employer should gain an unfair advantage by employing undocumented workers and not paying them.
- Confidentiality: WHD says all complaints are confidential and that it does not disclose the complainant’s name or the nature of the complaint. It names two exceptions. The first is when your identity must be revealed, with your permission, to pursue an allegation. The second is when a court orders WHD to reveal information.
- Retaliation: WHD’s complaint page says “your employer cannot terminate you or in any other manner discriminate against you for filing a complaint with WHD”.
What the federal law may not cover: promised wages and state law
WHD’s FAQ says the FLSA does not provide wage payment or collection procedures for an employee’s usual or promised wages, or for commissions, beyond what the FLSA itself requires. Suppose your problem is that you were promised a higher rate than you got. The federal complaint may not reach the full difference.
WHD also says some states have laws on issues such as meal or rest periods, or discharge notices, and that there are state labor agencies throughout the country that enforce state labor laws. When you call WHD, ask whether your state’s labor agency should also hear your case.
How the Guatemalan consulate fits in
DOL’s migrant worker support page says your home country’s government has offices across the US to help you. It says DOL works with the embassies of Mexico, Guatemala, Honduras and El Salvador, and with their local offices.
DOL lists the Embassy of Guatemala in the US at (202) 745-4953. DOL’s instruction is to call and “Let them know that you are calling to get help with questions or concerns you have about your job or workplace”. DOL says the embassy will then give you the number of the nearest consulate. DOL also says that if your rights are violated, DOL and your nearest consulate can guide you to the right place for help, “even helping you file a confidential complaint”.
To find your consulate directly, use our consulate finder. Examples include our pages for the Houston and Los Angeles consulates. For how appointments work at Guatemalan consulates in the US, see how to schedule a consulate appointment.
The sources we used describe the consulate’s role from DOL’s side only, so this page does not describe any separate consular procedure.
If the problem is detention or a hospital stay
If a worker has been arrested, is held by ICE, or is in hospital, that is a different process. See our guide to consular assistance if detained or hospitalized.
This page covers jobs in the United States only.
What the DOL pages do not tell you
The WHD complaint guidance we read does not cover these points:
- how long an investigation takes
- whether you are guaranteed to recover your wages
- how filing affects the limitation period
- what remedies exist for late filings
None of the DOL page bodies we read showed a last-updated date.
Sources
- US Department of Labor, Trabajador migrante: salarios: https://www.dol.gov/general/trabajadormigrante/wages (read 15 October 2026)
- US Department of Labor, Wage and Hour Division, FAQ for workers: https://www.dol.gov/agencies/whd/faq/workers (read 15 October 2026)
- US Department of Labor, Wage and Hour Division, complaint information: https://www.dol.gov/agencies/whd/contact/complaints/information (read 15 October 2026)
- US Department of Labor, migrant worker support: https://www.dol.gov/general/migrantworker/support (read 15 October 2026)
Frequently Asked Questions
My employer in the US did not pay me. Where do I complain?
The US Department of Labor’s Spanish-language page for migrant workers says you can file a complaint with the Wage and Hour Division (WHD) by calling 1-866-487-9243. The same page says your complaint can lead to an investigation of the company to check whether it complied with the applicable law.
Does it cost anything to file a wage complaint?
No. WHD says there are no charges to file a complaint or for WHD to conduct an investigation. It notes that the Department of Labor is a federal agency and does not charge workers or employers for its services.
Can I file if I am undocumented?
Yes. WHD says it enforces the law without regard to an employee’s immigration status, and its complaint page says all services are free and confidential, whether you are documented or not.
How long do I have to file?
WHD says the federal Fair Labor Standards Act (FLSA) has a two-year statute of limitations for non-willful violations and a three-year limit for willful violations. In general, WHD says, it looks back over the past two years. It asks employees to file as soon as possible so it can finish its investigation before the limit expires.
What evidence should I gather?
WHD asks for your name, address and phone number, the company’s name, location and phone number, the manager’s or owner’s name, the type of work you did, and how and when you were paid. WHD says copies of pay stubs, your own records of hours worked and other information about your employer’s pay practices are helpful.
Can the Guatemalan consulate help with an unpaid-wage problem?
The US Department of Labor says it works with the embassies of Mexico, Guatemala, Honduras and El Salvador and their local offices. It lists the Embassy of Guatemala at (202) 745-4953 and says that if you tell them you are calling about questions or concerns with your job or workplace, they will give you the number of the nearest consulate. DOL says DOL and your nearest consulate can guide you to the right place for help, even helping you file a confidential complaint.
