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If you believe your employer hasn’t paid you correctly – maybe you’re missing overtime pay, weren’t paid minimum wage, or faced illegal deductions – you have the right to file a complaint.
The U.S. Department of Labor’s Wage and Hour Division (WHD) enforces labor laws, including the Fair Labor Standards Act (FLSA), which sets standards for minimum wage, overtime pay, recordkeeping, and child labor.
Filing a complaint with WHD can initiate an investigation into potential violations and help recover unpaid wages. This article explains what happens after you submit a wage complaint to WHD, what to expect during an investigation, and your rights throughout the process.
Filing the Complaint: The First Step
Before WHD can act, a complaint typically needs to be filed. While WHD also initiates investigations based on industry trends or high violation rates, many investigations start because a worker raises concerns.
How to File
You can file a complaint with WHD in several ways:
By Phone: Call the WHD toll-free helpline at 1-866-4USWAGE (1-866-487-9243). Representatives are available Monday to Friday, 8:00 a.m. to 4:30 p.m. local time, and can communicate in over 200 languages. After hours, calls are handled by the DOL National Contact Center. This number can also be used to ask general questions about labor laws before deciding to file. If you are deaf, hard of hearing, or have a speech disability, dial 7-1-1 for telecommunications relay services.
Online: You can submit general questions or concerns online via the WHD contact page. Specific complaint filing portals may also be available; check the main WHD complaint page for the latest options.
In Person: Visit a local WHD office. There are over 200 offices nationwide with trained staff ready to assist. You can find the nearest office through the WHD website or by calling the helpline.
By Mail/Fax: While phone or online methods are often preferred, mail/fax options may exist. Check with WHD directly if this is your preferred method.
Information Needed
To help WHD process your complaint effectively, gather as much information as possible beforehand. Key details include:
- Your name, address, and phone number
- The name, address, and phone number of the company where you work(ed)
- The name of your manager or owner
- The type of work you performed (your job title and duties)
- How and when you were paid (e.g., hourly rate, salary, piece rate; paid by cash or check; paid weekly, bi-weekly, etc.)
- Copies of pay stubs, personal records of hours worked, employment contracts, or any other documents related to your pay and hours
Third parties (like a representative or advocate) can also file complaints on behalf of a worker, though providing detailed information might be more challenging. The more information provided, the better WHD can address the concerns.
Confidentiality is Key
WHD takes confidentiality very seriously. When you file a complaint, your identity and the nature of the complaint are kept confidential. WHD will not disclose your name or the fact that a complaint was filed to your employer, except in limited circumstances, such as if required by a court order or if you give permission. This protection applies regardless of your immigration status.
After You File: Complaint Intake and Review
Once WHD receives your complaint, it undergoes an initial review process. WHD staff will assess the information provided to determine if the issues raised fall under the laws they enforce (like the FLSA for minimum wage and overtime, or the FMLA for family and medical leave). They will work with you to answer questions and decide if a formal investigation is the appropriate next step.
Not every complaint automatically leads to a full, on-site investigation. WHD receives a high volume of complaints and must prioritize its resources. Factors influencing whether and how WHD proceeds can include:
- The clarity and completeness of the information provided in the complaint
- The nature and severity of the alleged violations
- Whether the issue falls clearly within WHD’s jurisdiction
- WHD’s current caseload and strategic enforcement priorities (e.g., focusing on low-wage industries or specific geographic areas known for high violation rates)
The significant number of complaints relative to available resources means that sometimes, even potentially valid claims might face delays or may not result in a full investigation, particularly if the employer is uncooperative from the outset in smaller cases.
There isn’t a fixed timeline for this initial review phase. Communication during this stage usually involves WHD contacting the complainant if more information is needed or to clarify aspects of the complaint. Keep your contact information updated with WHD to avoid delays.
It’s important to file your complaint as soon as possible after the potential violation occurred. The FLSA generally has a two-year statute of limitations for back wage recovery, meaning WHD can typically only go back two years from the date the investigation begins (or the date the complaint is filed, influencing the start). This extends to three years for willful violations. Delays in filing could limit the amount of back wages that can be recovered.
The WHD Investigation Process
If WHD determines that an investigation is warranted, a WHD investigator (often called a Wage and Hour Investigator or WHI) will be assigned. Investigations can vary in scope and duration depending on the complexity of the case, the size of the employer, the number of employees affected, and the employer’s cooperation. While WHD doesn’t typically disclose the specific reason for an investigation (whether it stemmed from a complaint or was agency-initiated), the process generally follows established steps.
The investigator has significant authority under federal law, including the power to enter and inspect workplaces, examine payroll and other relevant records, and interview employees. Employers are legally required to cooperate with WHD investigations.
Here’s a breakdown of the typical investigation stages:
Initial Conference
The investigator will typically start by holding an initial meeting with the employer or their representatives (which could include accountants or attorneys). They will present their official credentials, explain the investigation process, and identify the types of records needed for review (e.g., payroll records, time sheets, records showing business volume or government contract work).
The investigator may also tour the employer’s facility. While investigators are not required to provide advance notice of a visit, they often do. This initial contact establishes the framework for the investigation.
Reviewing Records
A core part of the investigation involves examining the employer’s records. The investigator will review payroll and time records (often going back two years, or three for willful violations) to check for compliance with minimum wage, overtime, child labor, and other applicable laws.
They may take notes, make copies, or transcribe information essential to the investigation. The investigator also examines records to determine legal coverage (e.g., business volume, interstate commerce involvement). Employer records obtained during the investigation are kept confidential and are not disclosed to unauthorized persons.
Conducting Employee Interviews
Investigators will conduct private, confidential interviews with employees. These interviews are crucial for verifying the accuracy of payroll and time records, understanding employees’ specific job duties (to determine if any exemptions from overtime apply), confirming pay practices, and ensuring compliance with child labor laws.
Interviews are usually held at the worksite in a private setting, but can also occur off-site, by phone, or by mail. The confidentiality of these interviews is paramount, protecting employees from potential repercussions for speaking with WHD. This practice is fundamental to WHD’s ability to gather accurate information, as employees might otherwise fear reprisal for disclosing potentially illegal pay practices.
Final Conference
After gathering all necessary facts through record reviews and interviews, the investigator holds a final conference with the employer and/or their representatives. During this meeting, the investigator discusses the findings of the investigation.
If violations were found, the investigator explains what they are, how to correct them, and outlines any back wages owed to employees. The investigator will request payment of these back wages and any applicable liquidated damages. The employer is given an opportunity to present additional information or evidence for consideration.
The duration of an investigation can vary significantly. Simple cases might be resolved relatively quickly, while complex investigations involving many employees, multiple locations, or uncooperative employers can take months or even longer. The two- or three-year statute of limitations also creates pressure to conclude investigations within that timeframe.
Your Rights During the Process
As a worker interacting with WHD, you have important rights designed to protect you throughout the complaint and investigation process. Two key protections are confidentiality and the prohibition against employer retaliation.
Confidentiality
As mentioned earlier, WHD maintains strict confidentiality regarding complaints. Your name, the specific details of your complaint, and even the fact that a complaint exists will generally not be disclosed to your employer. Information gathered during employee interviews is also kept confidential. This policy is crucial for encouraging workers to come forward with potential violations without fear of immediate identification by their employer.
Protection Against Retaliation
Federal law specifically prohibits employers from retaliating against employees for exercising their rights under the laws enforced by WHD. This means your employer cannot fire you, demote you, cut your hours, harass you, or take any other negative (“adverse”) action because you:
- Filed a wage complaint (orally or in writing)
- Cooperated with a WHD investigation
- Instituted or participated in any proceeding under the FLSA or related laws
- Inquired about your pay or rights
- Complained internally to your employer about potential violations
This protection is broad. It covers any employee, even if their specific job isn’t covered by the FLSA’s minimum wage or overtime rules, and it even applies after you leave the job, protecting you from retaliation by a former employer.
The definition of retaliation itself is expansive, covering not just obvious actions like termination but any employer action that would dissuade a reasonable employee from asserting their rights or raising concerns. This could include threats, intimidation, unfavorable shift changes, reducing job duties, or even reporting or threatening to report an employee to immigration authorities. This comprehensive approach reflects a strong commitment to ensuring workers feel safe exercising their legally protected rights.
If you believe your employer has retaliated against you for engaging in protected activity, you can file a separate retaliation complaint with WHD. You may also have the right to file a private lawsuit. If retaliation is found, remedies can include job reinstatement, payment of lost wages, additional damages, and other appropriate relief.
Summary of Key Worker Protections
| Protection | Description | Relevant Laws/Policies | What It Means For You |
|---|---|---|---|
| Complaint Confidentiality | WHD generally does not reveal the complainant’s identity or the nature of the complaint to the employer. | WHD Policy; FLSA Implied | You can report potential violations with less fear of being singled out immediately by your employer. |
| Interview Confidentiality | Statements made during private interviews with WHD investigators are kept confidential. | WHD Investigative Procedures | You can speak honestly with investigators about pay practices and job duties without colleagues or management knowing the specifics of what you said. |
| Anti-Retaliation | Employers cannot fire, demote, harass, or otherwise discriminate against employees for filing complaints, cooperating with investigations, or asserting FLSA rights. | FLSA Section 15(a)(3); Other WHD-enforced laws | Your job is legally protected if you engage in activities like filing a complaint or talking to WHD. If your employer punishes you for it, they are breaking the law. |
| Broad Definition of Retaliation | Retaliation includes any action that would discourage a reasonable employee from exercising their rights (e.g., threats, hour cuts, unfavorable shifts, reporting to immigration). | WHD Policy; Court Interpretations | Protections cover more than just being fired; subtle forms of punishment are also illegal. |
| Protection Regardless of FLSA Coverage/Employment Status | Anti-retaliation protections apply even if the employee/employer isn’t covered by FLSA wage provisions, and protects against actions by former employers. | FLSA Section 15(a)(3); WHD Guidance | Even if you aren’t eligible for overtime, you are still protected from retaliation if you complain about potential FLSA violations. Protection continues after you leave the job. |
The Investigation Results: Potential Outcomes
Once the WHD investigator completes the fact-finding and holds the final conference, the investigation moves toward resolution. Several outcomes are possible, depending on the findings:
Finding Violations: Recovering Back Wages and Damages
If WHD concludes that the employer violated wage laws (e.g., failed to pay minimum wage or required overtime), the most common result is the agency seeking recovery of back wages for the affected employees. The investigator will calculate the amount owed and request the employer to pay it.
In addition to back wages, WHD often seeks liquidated damages. This is typically an amount equal to the unpaid back wages and is paid directly to the employees. Liquidated damages serve to compensate workers for the delay in receiving their rightful earnings.
How Unpaid Wages Are Collected and Paid
Ideally, the employer agrees to pay the determined back wages and any liquidated damages following the final conference. WHD then oversees the distribution of these funds to the employees who are owed money.
Sometimes WHD collects wages but cannot locate the employee(s) entitled to them. In these cases, WHD holds the funds for three years while continuing efforts to find the workers. If the employee is still not found after three years, the money must be sent to the U.S. Treasury.
If you believe WHD may have collected back wages for you from a previous employer, you can search the Workers Owed Wages (WOW) online database. Visit the website to search by employer name and potentially claim unpaid wages found by WHD. The website provides instructions on how to verify your identity and submit a claim form.
It’s important to recognize that a WHD finding that wages are owed doesn’t always guarantee immediate payment. If an employer refuses to pay voluntarily or is financially unable to do so, collecting the wages can become challenging and may require further enforcement action by WHD or DOL. Some state agencies explicitly note they cannot guarantee collection, highlighting that enforcement limitations can exist.
Other Potential Outcomes
Beyond back wages and liquidated damages, an investigation can result in:
Civil Money Penalties (CMPs): For certain types of violations, such as repeat or willful violations of minimum wage or overtime laws, or child labor violations, WHD has the authority to assess CMPs. These penalties are paid to the government, not the employees, and serve as a deterrent against future non-compliance.
Compliance Agreement: The employer may agree to change its pay practices, recordkeeping methods, or other procedures to ensure future compliance with the law. This is often discussed during the final conference.
Finding of No Violation: The investigation may conclude that the evidence does not support a finding that the employer violated the laws enforced by WHD.
Litigation: If an employer refuses to pay back wages found due or fails to comply with the law after being informed of violations, WHD may refer the case to the Department of Labor’s Office of the Solicitor for legal action. The DOL can file a lawsuit in federal district court to compel compliance, recover back wages and liquidated damages, and potentially obtain court injunctions against future violations. For employers with federal contracts, violations can lead to contract termination and debarment from future contracts. In cases of willful violations, criminal prosecution is also a possibility.
Referral to Other Agencies: If the WHD investigator uncovers potential violations of laws outside WHD’s jurisdiction (e.g., workplace safety issues under OSHA, discrimination under the EEOC), they may share this information with the appropriate enforcement agency.
Private Lawsuit Option: It’s crucial to remember that filing a complaint with WHD does not prevent an employee from filing their own private lawsuit under the FLSA to recover unpaid wages, liquidated damages, attorney’s fees, and court costs. You generally retain this right regardless of the outcome of the WHD investigation. However, initiating a private lawsuit while a WHD investigation is ongoing might lead WHD to cease its administrative process on the claim.
Key WHD Resources and Contact Information
Navigating wage and hour issues can be complex. Here are some official resources from the Wage and Hour Division that provide further information:
WHD Main Website: The central hub for information on laws enforced by WHD, worker rights, employer resources, and contact information.
How to File a Complaint Page: Provides guidance on the complaint process and links to necessary information.
Information Needed to File a Complaint: Details the specific information helpful to provide when filing.
Worker Frequently Asked Questions (FAQs): Answers common questions about wages, hours, filing complaints, confidentiality, and retaliation.
Workers Owed Wages (WOW) Search Tool: Allows workers to search for back wages collected by WHD that may be owed to them.
Fact Sheet #77A: Prohibiting Retaliation Under the FLSA: Explains anti-retaliation protections in detail.
Fact Sheet #44: Visits to Employers: Describes the WHD investigation process from the perspective of an employer visit.
WHD Contact Information
Toll-Free Helpline: 1-866-4USWAGE (1-866-487-9243) (Available M-F, 8 am – 5 pm local time; National Contact Center after hours; multilingual services available)
TTY: Use 7-1-1 relay service
Find Local Offices: Use the main WHD website or call the helpline to locate the nearest office for in-person assistance.
Online Contact Form (for general questions): https://webapps.dol.gov/contactwhd/
Additional Resources
To enhance your understanding of wage and hour laws and the enforcement process, these additional resources may be helpful:
FLSA Advisor: Interactive tools to help determine if you are covered by the FLSA and other wage laws.
Your Rights Under the FMLA: Information about family and medical leave rights.
State Labor Laws: Many states have their own wage and hour laws that may provide additional protections.
Legal Aid Resources: If you need legal assistance but cannot afford an attorney, legal aid organizations may be able to help.
Taking Action to Protect Your Rights
Filing a wage complaint with WHD is an important step in addressing potential violations of federal wage and hour laws. The process is designed to be accessible to all workers regardless of immigration status or financial resources. The protections against retaliation and provisions for confidentiality are significant safeguards intended to encourage workers to come forward without fear.
While WHD has substantial enforcement authority, limitations in resources and the voluntary nature of some compliance measures mean that outcomes can vary. Being informed about your rights, gathering thorough documentation, and understanding all available options – including the possibility of a private lawsuit – can help you navigate the process more effectively.
Remember that the statute of limitations for wage claims typically ranges from two to three years, so timely action is important. If you believe you’ve been paid incorrectly, consider reaching out to WHD through one of the contact methods listed above to learn more about your options.
Our articles make government information more accessible. Please consult a qualified professional for financial, legal, or health advice specific to your circumstances.