Pay, Overtime, and Leave

File a complaint if your employer broke labor laws or retaliated against you. 

The Wage and Hour Division handles complaints related to: 

  • Federal minimum wage

  • Overtime pay

  • Recordkeeping

  • Child labor

We enforce parts of the Fair Labor Standards Act, the Family Medical Leave Act, and other laws.

Learn about your wage and hour rights →

Gather information to file your complaint:

  • Your name, address, and telephone number

  • The name, address, and telephone number of the employer (or employment agency) you want to file a complaint against

  • The manager or owner’s name

  • A description of the type of work you did

  • When the events took place

  • How and when you were paid (such as cash or check, every Friday)

 

How to File

  1. There are two ways to file a complaint

    Decide how you want to file:

    1. File your complaint online.


      Submit your question or concern online, and a Wage and Hour Representative will contact you by telephone or email. Please allow us 7 to 10 business days to respond to your inquiry.

    2. By phone at 1-866-487-9243.

      Monday to Friday 8:00 a.m. to 4:30 p.m. local time. Hours vary by region.


      *If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services.

  2. What happens after you file

    Your complaint will get routed to the nearest field office, and they will contact you within 10 business days.

  3. Possible outcomes

    We will work with you to answer your questions and determine whether an investigation is the best course of action.

  4. Investigation

    If an investigation is set up and finds sufficient evidence, you’ll receive a check for lost wages.

Frequently Asked Questions

The Wage and Hour Division enforces:

  • Federal minimum wage, overtime pay, recordkeeping, and child labor requirements of the Fair Labor Standards Act

  • The Migrant and Seasonal Agricultural Worker Protection Act

  • Employee Polygraph Protection Act

  • Family and Medical Leave Act

  • Wage garnishment provisions of the Consumer Credit Protection Act

  • A number of employment standards and worker protections as provided inseveral immigration related statutes.

  • The prevailing wage requirements of the Davis-Bacon and Related Acts and the Service Contract Act

  • Other statutes applicable to federal contracts for construction and for the provision of goods and services

Learn more about the major laws administered and enforced by the Wage and Hour Division.

Yes. While there are many workers 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.

No. 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 workers or employers for its services.

The FLSA contains a two-year statute of limitations for non-willful violations and a three-year statute of limitations for willful violations. Generally, this means that we will look back over the past two years to determine whether there are any wages owed to employees. 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.


 

Questions? We’re Here to Help

Get additional assistance:

Confidentiality:

All discussions with us, including complaints, are free and confidential. Your name and the nature of the complaint will not be disclosed to your employer. The only time we would share such information is when necessary to pursue an allegation, and we would only do so then with your permission, or if required by a court.
 

Explore Additional Resources

Fact Sheet #44: Visits to Employers

What employers need to know about WHD visits.

Read more

Retaliation

Know your rights against workplace retaliation.

Read more about retaliation