How can I recover unpaid wages or a withheld final paycheck in Vermont?
In Vermont, state law gives the labor commissioner power to inspect workplaces and investigate compliance with laws about weekly payment of wages, and courts have interpreted wage laws to include things like commissions in many cases. When wages are owed, people often try informal and formal steps to get paid: demand letters, lodging complaints with the state labor office or commissioner, and pursuing a civil claim if administrative remedies do not resolve the matter. For certain statutory awards (for example, under workers compensation), the statute allows collection in court and may authorize interest and attorney fees if an employer fails to pay as ordered.
Because statutes and court rulings can apply differently depending on the type of pay (regular wages, commissions, bonuses, or seaman wages), the available remedies, timelines, and possible fees or interest vary. Vermont cases have examined how payment timing rules apply and have treated commissions as wages in many contexts, and federal law sets special rules for seamen's wages and final payment on voyages.
Current Vermont law
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What Vermont law says
The Commissioner has authority to make examinations and investigations to see that laws about employment of minors and the weekly payment of wages are being complied with, and may enter places where persons are employed, under Vt. Stat. Ann. tit. 21, § 4. Vermont courts have addressed wage-payment timing and treatment of commissions as wages in cases such as Longariello v. Windham Southwest Supervisory Union, 165 Vt. 573, 679 A.2d 337 (1996) and Stowell v. Action Moving & Storage, Inc., 182 Vt. 98, 933 A.2d 1128 (2007), and have considered when discretionary bonuses are not wages in Tanzer v. MyWebGrocer, Inc., 203 A.3d 1186 (2018 VT 124). For seamen, federal law provides rules on entitlement to wages and timing of final pay under 46 U.S.C. § 10313. For certain statutory awards under the workers compensation chapter, if an employer fails to comply with an approved agreement or award the employee may proceed to collect past due installments in court, and if the employee prevails interest and reasonable attorney’s fees and costs shall be allowed, with additional interest consequences for late payment under Vt. Stat. Ann. tit. 21, § 675.
What to do
A common first step is to send a written demand to the employer stating the amount owed and the pay period it covers (a demand letter).
A common next step is to contact the state labor commissioner or the agency that enforces wage payment laws so they can investigate workplace compliance, as the commissioner has inspection and investigation authority under Vt. Stat. Ann. tit. 21, § 4.
A common option is to keep careful records (paystubs, timesheets, employment agreements, messages) and consider filing an administrative complaint or a civil claim to recover unpaid wages or commissions.
A common step in specific statutory contexts (for example, workers compensation awards) is to request enforcement and, if unpaid, pursue collection in court where interest and reasonable attorney’s fees may be allowed under Vt. Stat. Ann. tit. 21, § 675.
A common precaution is to document all communications and preserve evidence about hours worked, pay rates, and any written pay agreements or commission plans, since Vermont courts review such materials when deciding whether particular payments are wages.
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Common questions
Does Vermont law let the state investigate unpaid wage complaints?
Yes, the Commissioner or a Commissioner’s agent may make examinations and investigations to see that laws about weekly payment of wages are being followed and may enter workplaces to carry out those duties under Vt. Stat. Ann. tit. 21, § 4.
What if an employer ignores a workers compensation award or approved agreement?
If an employer fails to comply with an award or approved agreement under the workers compensation chapter, the employee may proceed to collect past due installments in court, and if the employee prevails interest, reasonable attorney’s fees, and costs shall be allowed, under Vt. Stat. Ann. tit. 21, § 675.
Are there special rules for seamen’s final wages?
Yes, federal law provides rules on when seamen earn wages and when final payment is due at the end of a voyage under 46 U.S.C. § 10313.
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This is legal information, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
