i just got done going to small claims over a situation similar to this. I contacted the DOL where my employer is and they gave me a demand for payment form, i sent it and they had ten days to respond, they did not, I then contacted the DOL and they told me that I would have to take legal action. I took my employer to small claims ($25 filing fee and $31 to serve them with summons), in colorado a defendant is allowed an attorney but that did not stop me and i won! i recovered all of my pay plus some they had withdrawn without my consent and were hiding in the married tax category of my check and i also received a judgement according to the wage claim act in the amount of $300, the demand for payment form allows for 10 days wages to be paid plus amount owed to you but the courts can use their disgretion in the amount. It is not expensive to go to small claims and it was worth it, I paid a total of $55 in court costs and got it back and then was awarded another $600 in wages and penalties.