How to File a Wage Claim in Virginia

The agency and the law

The Division's Payment of Wage Unit investigates complaints concerning unpaid wages in accordance with section 40.1-29 of the Code of Virginia. Investigations may be resolved informally or formally, and final orders for wages and civil penalties may be assessed for non-compliance. In some cases, criminal action may be sought by the Division to gain compliance.

The claim form is for a person who has not properly been paid wages owed by an employer, or who is not being paid the Virginia minimum wage. The Department's page states that claims for unpaid wages can be submitted electronically through the DOLI Portal, and that the quickest method to submit a claim is electronically. A Spanish-language version of the claim form, Formulario de Reclamo por Salarios no Pagados, is listed on the same page.

Two limits on the Department's reach are stated on the form instructions and the Department page. First, "wages" under Virginia's payment of wage laws are moneys earned for work performed. Sick leave, vacation leave, paid time off, and severance are considered fringe benefits, and the Department does not have enforcement over them. Claims for unpaid fringe benefits will be returned. Second, overtime enforcement has a start date: beginning July 1, 2026, the Department may investigate and enforce overtime issues. A person owed overtime wages earned before July 1, 2026 may direct the complaint to the United States Department of Labor's Wage and Hour Division or pursue private litigation.

The form: LL-POW-01

The paper form is Form LL-POW-01, revised June 2024, titled Statement of Claim for Unpaid Wages. It is four pages: two pages of instructions and two pages of form. The instructions state that the form must be fully completed, printed out, signed, and returned by mail in order for the claim to be investigated, that all areas must be filled in completely, and that incomplete forms will be returned, causing a delay.

The form asks for the claimant's full name, address, phones, email address, birth date, job title, hire date, termination date, last date actually worked, and supervisor's name. It asks whether payment of the wages was demanded, on what date, the name of the person who refused to pay, and the reason given. It asks for the business name, type of business, approximate number of employees, business street and mailing addresses, business phone, employer home or cell phone, other names under which the business operated, the company president or owner name, title, and home address, and the place where the work was performed.

Eight yes-or-no questions follow: whether the business is closed or in bankruptcy; whether there was a written employment agreement; whether the filer was hired as a subcontractor or independent agent; whether the filer worked as a self-employed person; whether the filer was a corporate director, owner, or partner; whether a court case for unpaid wages was filed, and in which court; whether a lawyer was hired; and whether money was subtracted from wages without written consent except for taxes, with the amount and purpose. Further questions cover bad payroll checks, pay basis (salaried, hourly, commissions, daily rate, or paid by the job or piece), rate of pay, pay frequency, last date paid, the time period not paid, and the total gross amount of unpaid wages claimed. Gross means before taxes. The form states that sick leave, paid holidays, vacation leave, severance benefits, per diem, and expense reimbursements are not wages and must not be included in the dollar amount. Question 15 asks whether the work was part of a state public works project, and question 16 asks whether the established rate of pay was below the Virginia minimum wage.

The claimant must show how the dollar amount was arrived at, attaching copies of payroll check stubs, bad checks, federal W-2 or 1099 forms, employment agreements, and any other supporting documents. The original claim form must be sent, with copies of supporting documents; original documents will not be returned. The form ends with a sworn certification that the information is true and accurate, authorizing the Department to release the complaint file information to investigate, and authorizing a photocopy of the complaint form and supporting documents to be released to the business named. The form warns that a knowingly false statement may subject the filer to a fine of up to $10,000 or imprisonment for up to 6 months, or both. The form must be signed in ink.

Filing routes: portal or postal mail only

Electronic filing goes through the DOLI Portal. The Department's page calls electronic submission the quickest method. No portal account steps are described on the page opened for this guide, and none are stated here.

Paper filing has a strict channel rule. All claim forms must be physically signed and submitted to the Division via United States postal mail. Faxed or emailed forms cannot be accepted. The form instructions give the mailing address as Division of Labor and Employment Law, Virginia Department of Labor and Industry, 6606 West Broad Street, Suite 500, Richmond, Virginia 23230. Use that address from the current form. An older address, 600 East Main Street, Suite 207, Richmond, Virginia 23219, appears in secondary guides; it is not the address on the June 2024 form, and it is not used here. A person who cannot print a claim form may contact the Payment of Wage Unit and request a paper form. The Payment of Wage Unit phone for minimum-wage exemption questions is (804) 786-2706, and the Department's contact email on the form instructions is laborlaw@doli.virginia.gov for address and phone changes and payment notices. No filing fee is stated on the Department pages or the form opened for this guide, and none is asserted here.

Deadlines and proof, by pay basis

The deadline is three years. The form instructions state: "You must file your claim with the Department within three (3) years of the date your wages were earned." That is the only deadline stated for the agency claim, and it runs from the date the wages were earned, not from the separation date.

The instructions set out what proof is needed by pay basis. Hourly workers include the dates, days, and hours worked for which they were not paid, and the total amount claimed, with documentation such as a paycheck stub to verify employment and rate of pay; without it, enforcement may be limited. Salaried workers include the maximum number of hours and days required to receive the salary rate, with a paycheck stub to verify the salary or the deductions claimed. Commission workers state the total amount due and how the dollar amount was arrived at, provide a copy of the commission agreement, state what had to be done to earn the commission and when it became due and payable, account for all draws received, and identify each specific account, the dollar amount claimed for each, and documentation such as a paycheck stub verifying the commission rate.

Digital evidence has its own rule. If the filer has digital evidence that cannot be printed and attached, the form asks the filer to indicate so in the blank space at the bottom of the claim form's second page. A compliance officer will request the digital evidence during the investigation if the Department requires it. Digital evidence must not be sent on a USB flash drive or disc, as the Department will not be able to accept it.

What happens next

Acceptance of the claim does not guarantee collection of wages. The instructions state that plainly. Where the employer disputes the charges, it is the claimant's responsibility to provide documentary evidence of the amount and validity of the claim. The claimant must provide the company's complete name and mailing address, with the owner's or company representative's full name and address.

A claim may be filed with the agency or a civil suit may be filed against the employer, but not both. If a civil proceeding is started, all collection actions by the agency will cease. Claims are handled by individual compliance officers, and the Department does not provide periodic progress reports; requests for progress reports only hinder prompt resolution. When a final determination is made, or when additional information is needed, the claimant will be notified. The claimant must notify the office immediately in writing of any change of address or telephone number, or if payment is received from the employer.

Separate forms exist for retaliation claims. The Payment of Wage Retaliation Claim Form covers retaliation for filing a Claim for Unpaid Wages or starting a civil proceeding, under section 40.1-33.2. The Wage Sharing Retaliation Claim Form covers retaliation for asking about or sharing wage information, under section 40.1-28.7:9. A misclassification retaliation form covers retaliation for reporting misclassification, under section 40.1-33.1. Those forms are listed on the Department's page and are not the unpaid-wage claim form.

Comparing states, the Wage Claim Filing by State directory puts the state guides side by side.

Source

Sources: Virginia Department of Labor and Industry, Payment of Wage (doli.virginia.gov); Virginia Department of Labor and Industry, Instructions for Completing "Claim for Unpaid Wages" Form, Form LL-POW-01, revised June 2024 (doli.virginia.gov). Facts verified 2026-11-03. Omitted as unverified: no filing fee is stated, because none appears on the pages or form opened; no DOLI Portal account steps are stated, because the Department page does not describe them; the older 600 East Main Street mailing address in secondary guides is not carried, because the current form gives 6606 West Broad Street, Suite 500, Richmond, Virginia 23230.

This page explains how the process works and what the official rules say. It is general information, not legal advice. For a dispute about your specific situation, talk to the Virginia Department of Labor and Industry, Payment of Wage Unit.