Process of Reporting Wage and Hour Violations

There are many reasons to report violations of wage and hour laws by your employer. You could be entitled to back pay, liquidated damages, and attorney fees. The first step toward recovering this compensation is filing a report.

At the federal level, reporting wage and hour violations is straightforward, but the process for state claims can vary from jurisdiction to jurisdiction. A dedicated wage and hour attorney can review your case and help you notify the proper authorities of any employer wrongdoing.

Steps to File a Claim with Wage and Hour Division

The Fair Labor Standards Act (FLSA) provides a remedy in federal court for the victims of wage and hour theft. While every case is unique, the process for reporting these violations is the same. 

It is important to note that the filing of a complaint does not stop the clock on your statute of limitations. Only the filing of a lawsuit stops the statute of limitations from running.

Gather Information

The first step is to gather all important documentation, including basic employee details like their name, address, and phone number. The name of the business owner or the person’s supervisor is also relevant. Before filing the claim, it is also helpful to collect relevant details, like how often the worker was paid, a description of the type of work they performed, and the reason they feel they were underpaid. 

File the Complaint

Workers have the right to file a claim for an FLSA violation over the phone or through the Department of Labor’s online portal. Initiating the process through the website only requires answering eight questions before submitting the report.

Respond to Any Requests

Investigators with the local Department of Labor office will reach out after the filing of a report. At some point, they might request additional details or documents from you. 

Ultimately, the Department of Labor will determine if there is strong evidence of a violation. If they agree that the chances of success are good, they may (depending on resources and enforcement priorities) initiate a formal investigation and pursue damages from the employer.

Reporting to State Authorities

Every state has its own structure for investigating and enforcing wage and hour requirements. Many agencies, processes, and procedures can be involved, so it is important to identify the correct avenue for reporting these issues to state regulators individually. 

For example, filing a claim for wage theft in California is simple. The Labor Commissioner’s Office provides an online form specifically for wage cases, but they also have other avenues for issues like retaliation. Most states have online tools for filing claims or contacting those responsible for investigating the allegations. 

Although many people rely on the federal system in these cases, it can be helpful to also notify state authorities. In some jurisdictions, state law might be more favorable to a worker than federal law. An attorney can assist with identifying the right path for reporting these issues. 

Talk to a Lawyer About Reporting Wage and Hour Violations

While the process of reporting wage and hour violations is straightforward, getting the outcome you desire can be complicated. An attorney can assist you with reviewing your legal options and holding your employer accountable for any wage theft or other violations of the law. Use our chat or fill out our form today to learn more.