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Who Can File a Complaint?
- Any nonexempt
employee covered
by the FLSA
who believes
that he or she has not been paid the required federal minimum wage of $5.85 per hour effective July 24, 2007;
$6.55 per hour effective on July 24, 2008; and $7.25 per hour effective July 24, 2009,
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 (WHD) of the U.S. Department of Labor.
Where Can a Complaint be Filed?
When Should a Complaint be Filed?
- 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.
- Accordingly, to ensure WHD can complete its investigation before the
statute of limitation expires, employees should file complaints with WHD as
soon as the violation occurs but no later than 18 months after the violation
occurred.
What Information Must Be Included in a Complaint?
- The employee's name, address, and telephone number (with the best
time of the day to be reached);
- Employee's job title and a description of the kind of work done;
- Rate, method and frequency of wage payment — for example:
paid weekly at $9.00 per hour or paid a salary of $900.00 twice
each month ;
- Number of hours actually worked each week;
- A description of the alleged violation(s) — for example: my
employer failed to pay overtime for extra shifts or failed to pay for
time spent loading the truck ;
- Date(s) of the alleged violation(s); and
- The employer's name, address, telephone number and nature of business
(for example : school, farm, restaurant , etc.).
What Happens When a Complaint is Filed?
- WHD staff will review the complaint to determine if the complainant: (1)
was/is a non-exempt
employee performing
work covered by the FLSA,
and (2) may have been paid/not paid in violation of FLSA
requirements.
- WHD staff will contact the complainant if the information provided is
insufficient to make these determinations or if permission to use the
complainant's name during an investigation is required to pursue the
investigation.
- If the review provides a reasonable belief that a potential violation
of the FLSA has occurred, which the WHD can rectify, an investigation of the
employer will be scheduled.
- If the WHD is unable to conduct an investigation or secure back wages
as a result of an investigation, the employee retains the right to bring a
private lawsuit in federal court to recover back wages.
How Can I Learn More About Federal Wage Requirements?
- For additional information, visit the WHD Web
site: and/or call the WHD toll-free information and helpline, available 8
a.m. to 5 p.m. in your time zone, 1-866-4USWAGE (1-866-487-9243) .
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