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November 6, 2008    DOL Home > elaws Advisors > Family and Medical Leave Act Advisor
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Filing a Complaint with the Secretary of Labor

Complaints may be filed with the Secretary of Labor by contacting the nearest office of the Wage and Hour Division of the Employment Standards Administration, U. S. Department of Labor. The address/telephone number for local offices may usually be found in the telephone directory listings for government offices under U.S. Government - Labor. The complaint may be filed in person, by letter or by telephone, however, the complaint must be reduced to writing.

The U.S. Department of Labor will review the merits of the complaint, and where appropriate will undertake to resolve the complaint administratively, through negotiations with the employer. When the complaint is resolved administratively, actions are limited to a two-year period and interest and liquidated damages are not recovered. In some cases, the Secretary of Labor may file a lawsuit on behalf of the employee in the event negotiations with the employer are unsuccessful and the Secretary is convinced that violations of the Act did occur.

Please return to the Previous Page to continue learning about filing a complaint under FMLA.

Please return to the Main Menu for other information on FMLA.


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