How to File an FLSA Complaint
Identify your employer’s violation., Gather information., Call with questions., File a claim with a local office., Provide additional information.
Step-by-Step Guide
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Step 1: Identify your employer’s violation.
The FLSA doesn’t apply to every employment violation.
However, it generally covers wage and hour violations, including the following:
Not being paid at least the federal minimum wage, which is $7.25 an hour.
Not getting at least the minimum wage if you are a tipped employee.
Tipped employees must be paid at least $2.13 an hour.
However, if your tips don’t bring you up to the minimum wage, then your employer must cover the difference.
Not being paid overtime pay.
You must be paid at least
1.5 times your regular rate of pay for any hours worked over 40 in a workweek.
Working in hazardous jobs as a teen or working when too young.
Other.
You can call the helpline at 1-866-487-9243 if you have questions about whether your employer is violating your rights. -
Step 2: Gather information.
Before reaching out to WHD, you should gather required information.
This will speed up the reporting.
For example, gather the following:your employer’s name you employer’s location employer’s phone number names of the manager or owners the type of work you performed when you were paid (e.g., last day of the month) how you were paid (e.g., by check) copies of payment, such as pay stubs or checks , You can reach the Wage and Hour Division toll-free at 1-866-487-9243.
Their hours are Monday through Friday, 8:00 am to 5:00 pm in your time zone.Your call is confidential, even if you are undocumented., You can file your complaint by visiting your nearest Wage and Hour District office.
There are more than 200 offices around the country.
Find the nearest office using this flyer: https://www.dol.gov/whd/WHD_district_offices.pdf.
A phone number is provided, so you can call to check their hours.
If the office is too far away, ask how you can file.
Avoid delay.
The FLSA has a deadline for reporting violations—two years for regular violations and three years for willful violations.
The clock starts running from the date of the violation and ends when a federal lawsuit is filed.Accordingly, you must give WHD enough time to investigate, so contact them as soon as possible. , After you file a complaint, WHD staff will investigate.
They can access your employer’s payroll records.
They may also question other employees.
Employees are typically interviewed at the workplace.
However, WHD can interview current and former employees at their homes or over the phone.Once the investigation is complete, WHD investigators will meet with your employer to discuss whether a violation has occurred.
They will also discuss how to correct the error and pay you back wages.
You can check the status of your case by visiting the Department of Labor’s website here: https://dol.secure.force.com/DOLCaseStatusCheck.
Enter your inquiry or case number along with your home zip code. -
Step 3: Call with questions.
-
Step 4: File a claim with a local office.
-
Step 5: Provide additional information.
Detailed Guide
The FLSA doesn’t apply to every employment violation.
However, it generally covers wage and hour violations, including the following:
Not being paid at least the federal minimum wage, which is $7.25 an hour.
Not getting at least the minimum wage if you are a tipped employee.
Tipped employees must be paid at least $2.13 an hour.
However, if your tips don’t bring you up to the minimum wage, then your employer must cover the difference.
Not being paid overtime pay.
You must be paid at least
1.5 times your regular rate of pay for any hours worked over 40 in a workweek.
Working in hazardous jobs as a teen or working when too young.
Other.
You can call the helpline at 1-866-487-9243 if you have questions about whether your employer is violating your rights.
Before reaching out to WHD, you should gather required information.
This will speed up the reporting.
For example, gather the following:your employer’s name you employer’s location employer’s phone number names of the manager or owners the type of work you performed when you were paid (e.g., last day of the month) how you were paid (e.g., by check) copies of payment, such as pay stubs or checks , You can reach the Wage and Hour Division toll-free at 1-866-487-9243.
Their hours are Monday through Friday, 8:00 am to 5:00 pm in your time zone.Your call is confidential, even if you are undocumented., You can file your complaint by visiting your nearest Wage and Hour District office.
There are more than 200 offices around the country.
Find the nearest office using this flyer: https://www.dol.gov/whd/WHD_district_offices.pdf.
A phone number is provided, so you can call to check their hours.
If the office is too far away, ask how you can file.
Avoid delay.
The FLSA has a deadline for reporting violations—two years for regular violations and three years for willful violations.
The clock starts running from the date of the violation and ends when a federal lawsuit is filed.Accordingly, you must give WHD enough time to investigate, so contact them as soon as possible. , After you file a complaint, WHD staff will investigate.
They can access your employer’s payroll records.
They may also question other employees.
Employees are typically interviewed at the workplace.
However, WHD can interview current and former employees at their homes or over the phone.Once the investigation is complete, WHD investigators will meet with your employer to discuss whether a violation has occurred.
They will also discuss how to correct the error and pay you back wages.
You can check the status of your case by visiting the Department of Labor’s website here: https://dol.secure.force.com/DOLCaseStatusCheck.
Enter your inquiry or case number along with your home zip code.
About the Author
Marilyn Young
A passionate writer with expertise in pet care topics. Loves sharing practical knowledge.
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