Filing Your Wage and Hour Complaint: A Step-By-Step Guide

Federal and state laws protect workers against unpaid wages and other labor violations. A wage and hour complaint can help you get back pay for unpaid overtime and off-the-clock work.

The following is a step-by-step guide for filing a wage claim. For help filing wage claims to get compensation, contact a local wage and hour law attorney.

Understanding Federal and State Wage and Hour Laws

Wage and hour laws ensure that employees receive fair pay for their labor. All employers must follow the federal Fair Labor Standards Act (FLSA), which establishes basic standards for minimum wage and overtime pay.

Under the FLSA, employers must pay workers at least the federal minimum wage of $7.25/hour, which has not increased since 2009. However, most states have a minimum wage that is higher than the federal baseline. When there are different state and federal limits, workers get the higher of the two.

The FLSA also regulates hours worked. Employers must pay workers overtime for any hours over 40 hours per workweek. Hours worked include brief rest periods but not meal breaks, though if an employee has to answer phones while eating lunch, that counts as work time. Travel time for work counts towards work hours, but regular commuting to and from the worksite is not included.

Some states require mandatory paid break times or sick leave, which federal law does not require. For many workers, filing a state wage and hour complaint provides additional remedies. To decide whether to file a state or federal wage claim, talk to a local employment law attorney. Your local attorney understands local labor laws and can explain your legal options to recover unpaid wages.

The FLSA applies to most hourly employees. However, some workers are exempt from FLSA protections. Exempt employees get a standard salary and include professional, managerial, and administrative workers. Independent contractors are not employees; their compensation depends on individual employment contracts.

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Common Wage and Hour Violations

Employees face many types of wage violations. Some employers don’t know their local wage and hour laws, while others intentionally take advantage of workers. Common wage and hour violations include:

• Not paying minimum wage
• Unpaid overtime
• Unpaid rest breaks
• Unpaid off-the-clock work
• Misclassifying employees as exempt or independent contractors
• Unlawful payroll deductions
• Unpaid reimbursements

Filing a Wage and Hour Complaint

The U.S. Department of Labor (DOL) Wage and Hour Division (WHD) enforces federal wage and hour laws. You can file a wage violation complaint with the WHD by phone or in person. You can also visit your local WHD office.

There is no cost to file a wage claim form. You can also file a third-party complaint on behalf of someone else. Gather all the necessary information and supporting documents to file the complaint form, including:

• Your name
• Contact information (address and phone number)
• Employer’s name and worksite location
• Company manager, supervisor, or owner
• Type of work
• How and when you receive payment
• Pay stubs
• Recorded work hours

There is a two to three-year statute of limitations to file a claim, depending on whether the violations are willful or non-willful. What you say to the WHD is confidential, unless you give permission to pursue further action against the employer.

What Happens After Filing a Complaint

After filing a complaint, your local WHD office will contact you within two business days. The hearing officer will work with you to determine the best option.

Options include an in-person investigation by WHD investigators. If an investigator finds wage violations, they can recover your unpaid wages. The DOL can also recover liquidated damages in the amount of your back wages, effectively doubling your compensation. In some cases, the DOL will assess civil penalties for willful or repeated violations of wage and overtime laws.

Wage and Hour Investigations

Complaints can also trigger investigations by the WHD. The WHD often targets low-wage industries where wage and hour violations are common.

During the investigation process, investigators hold an initial conference with the employer. Investigators can also tour the employer’s work location. WHD investigators interview other employees privately and review employer records. During the final conference, investigators discuss any wage and hour violations and corrective actions.

Legal Assistance for Wage and Hour Complaints

In addition to filing a complaint with the WHD, you can file a wage and hour lawsuit for compensation. You can recover damages through a lawsuit, including:

• Back wages
• Interest on unpaid wages
• Double damages for intentional underpayment
• Attorney fees and court costs

If your employer is not following wage and hour laws with you, they are likely doing the same with other workers. Taking your employer to court can put an end to wage theft and unfair labor practices.

Some workers don’t want to file a wage and hour complaint because they fear their employer will punish them. Employers cannot retaliate against you for protected legal action like enforcing wage and hour laws. If your employer fires you for a wage and hour claim, you can file a wrongful termination lawsuit.

Find Legal Help

A lawyer can explain your legal options and help you decide the best course of action. They can also negotiate a settlement so you don’t have to go to court. For legal advice about filing an unpaid wage complaint, contact a local wage and hour lawyer.