Labor law violations committed by employers in the workplace can occur in many ways. Typical examples include misclassification concerning exempt or nonexempt employee status, the failure to pay the minimum wage where applicable, maintaining inaccurate employee records and taking illegal deductions from wages.
Steps for Filing a Labor Law Complaint
If you believe you are the victim of a compensation violation, you have the right to file a complaint with the Wages and Hours Division (WHD) of the U.S. Department of Labor to attempt to remedy the situation.
Following these steps when reporting a labor law violation can increase the likelihood of a successful outcome.
1. Collect the Necessary Information
You’ll need to provide several pieces of information when filing a WHD complaint:
- Your name, address and phone number
- The name, address and phone number of the employer you plan to file the complaint against
- The name of the supervisor or the organization’s owner
- A description of your work/job duties
- The date, time and place of the alleged violation
- The payment method, such as cash, check or direct deposit, and when you are paid
2. File Your Report
Once you’ve accumulated the necessary information, you’re ready to initiate the complaint process. You can file a report by calling the U.S. Department of Labor at 1-866-487-9243. You can also submit the general inquiry form online. All reports are confidential to offer protection against retaliation, although the complainant’s identity could be revealed via a court order.
3. Await a Response
After you file your complaint, the WHD will send it to the nearest field office for further review. You can expect to receive a response within two business days. The WHD representative will answer your questions and discuss the situation with you to determine whether your complaint warrants an investigation.
4. Receive the Investigation Results
If you and the WHD decide to proceed, you can expect a thorough investigation. If the results indicate that your employer incorrectly or illegally withheld pay by committing a labor law violation, you will receive all the lost wages to which you are entitled. The employer could also face penalties.
Poster Compliance Center Can Help You Stay Compliant
At Poster Compliance Center, we can help your organization understand poster requirements for reporting labor law violations. Contact us to learn more about your business’s obligations.
