Frequently Asked Questions: Complaints and the Investigation Process | U.S. Department of Labor
Q: Are investigators required to schedule investigations with employers?
A: No. The Wage and Hour Division does not require an investigator to previously announce the scheduling of an investigation, although in many instances the investigator will advise an employer prior to opening the investigation. The investigator has sufficient latitude to initiate unannounced investigations in many cases in order to directly observe normal business operations and develop factual information quickly. An investigator may also visit an employer to provide information about the application of, and compliance with, the labor laws administered by WHD.
Q: Why and how are employers selected for targeted investigations?
The Wage and Hour Division conducts investigations for a number of reasons, all having to do with enforcement of the laws and assuring an employer’s compliance. We do not typically disclose the reason for an investigation. We regularly select certain types of businesses or industries for investigation. We target low-wage industries, for example, because of high rates of violations or egregious violations, the employment of vulnerable workers, or rapid changes in an industry, such as growth or decline. Occasionally, a number of businesses in a specific geographic area will be examined. The objective of targeted investigations is to improve compliance with the laws in those businesses, industries, or localities. Regardless of the particular reason that prompted the investigation, all investigations are conducted in accordance with established policies and procedures.
Q: What enforcement remedies are available under the Fair Labor Standards Act (FLSA)?
A: The FLSA gives the Department of Labor the authority to recover back wages and liquidated damages (to be paid to employees), and to assess civil money penalties (to be paid to the government), in instances of minimum wage, overtime, and other violations.
Q: What enforcement procedures are provided under the laws administered?
A: The Department of Labor makes every effort to resolve most compliance issues administratively. If appropriate, the Department of Labor may litigate and/or recommend criminal prosecution. Employers who have willfully violated the law may be subject to criminal penalties, including fines and imprisonment.
Q: I don’t think I’m being paid right. Can I file a complaint with the Wage and Hour Division?
A: Yes. While there are many employees that may be exempt from some provisions of the law, an employee covered by the FLSA who provides information that demonstrates the probability that they have not been paid the required federal minimum wage of $7.25 per hour or overtime (1½ times the regular rate of pay for hours worked in excess of 40 in a work week) may file a complaint with the Wage and Hour Division.
Q: What If I’m not sure I want to file a complaint? Can I find out what my rights are?
A: Absolutely! You can call or visit any Wage and Hour Office to ask about the laws or file a complaint. You can also call our toll-free help line:
1-866-4USWAGE (1-866-487-9243)
- Monday to Friday 8:00 a.m. to 4:30 p.m. local time. Hours vary by region.
- Nights, Weekends, and Holidays: Calls answered by the DOL National Contact Center.
*If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services.
You may also call or visit the local office near you or send us an e-mail.
Q: Does it cost anything to file a complaint?
A: There are no charges to file a complaint or for the Wage and Hour Division to conduct an investigation. The Department of Labor is a federal agency and does not charge employees for its services.
Q: I haven’t worked for this employer for a while. How long do I have to file a complaint?
A: The FLSA contains a two-year statute of limitations (three years for willful violations). This means that any part of a back wage claim which was earned more than two years before a federal court lawsuit is filed may not be collectible. To ensure we can complete our investigation before the statute of limitations expires, employees should file complaints with the Wage and Hour Division as soon as possible.
Q: If I talk to someone at Wage and Hour, will it be confidential? I don’t want to lose my job or face retaliation.
A: All discussions with the Wage and Hour Division are confidential. All complaints are confidential; the name of the complainant and the nature of the complaint are not disclosed. The only exceptions are: when it is necessary to reveal a complainant’s identity, with his or her permission, to pursue an allegation; and when the Wage and Hour Division is ordered to reveal information by a court. You can find additional information about the investigative process at Fact Sheet 44.
Employees who have filed complaints or provided information cannot be discriminated against or discharged on tài khoản of such activity. If adverse action is taken against an employee for engaging in protected activity, the affected employee or the Secretary of Labor may file suit for relief, including reinstatement to his/her job, payment of lost wages, and damages.
Q: What if I don’t have all of the information you need? Do you have any suggestions?
A: Here are a few suggestions:
- If you don’t have a permanent address, give us your cell phone number, or the number and address of a friend or family member who knows how to reach you.
- If you are not sure of the name of your employer, some suggestions are: take a picture with a cell phone or write down the license number of your employer’s vehicle; do the same for any company names on the vehicle. Do the same for other employers on the job. If you get a paycheck, write down all the information on the check before you cash it. If you can, make a photocopy of the check or take a picture of it. Make a note of your job location by writing down the address.
- If there is no record of your hours or pay, start keeping one. Every day you work, write down the time you start and the time you finish. Write down if you took time for a meal break and how long the break was. Write down every time you get paid, with the date and how much pay you received. You can call any Wage and Hour Office and ask them to send you free copies of our AWARE record keeping handbooks. You can get as many as you need; enough for you AND your co-workers.
If you have an Android phone or iPhone, you could also download our free DOL-Timesheet App to track your regular work hours, break times, and overtime hours.
Q: Some employees at my job are not documented to work. Is everyone who works entitled to the minimum wage?
A: The Wage and Hour Division enforces the law without regard to an employee’s immigration status. No employer should have an unfair advantage because it employs undocumented employees and doesn’t pay them. We will enforce pay for hours worked for all covered, non-exempt employees.
Q: Some people on my job don’t speak English and they want to talk to you.
A: Contact us. The Wage and Hour Division is a multilingual organization. We can communicate with callers in more than 200 languages.
Q: Can you help me with my vacation pay?
A: If your work was only covered by the FLSA, we can only help with the requirements of the FLSA.
There are a number of employment practices which the FLSA does not regulate. For example, the FLSA does not require:
- vacation, holiday, severance, or sick pay
- meal or rest periods (other than breaks for nursing mothers)
- holidays off, or vacations
- premium pay for weekend or holiday work
- pay raises or fringe benefits
- a discharge notice, reason for discharge, or immediate payment of final wages to terminated employees
- pay stubs or “W-2″s.
The FLSA does not provide wage payment or collection procedures for an employee’s usual or promised wages or for commissions in excess of those required by the FLSA. Also, the FLSA does not limit the number of hours in a day, or days in a week, an employee may be required or scheduled to work, including overtime hours, if the employee is at least 16 years old. However, some states do have laws covering some of these issues, such as meal or rest periods, or discharge notices.
The above matters, which are not covered by the FLSA, are generally by agreement between the employer and the employees or their authorized representatives.
If you worked on a federally funded construction, service or production contract, please contact us. We may be able to help with other labor requirements.