Filing a Complaint or Lawsuit (wages)

Enforcing Your Right to Be Paid Fairly
Your first step in enforcing your right to be paid fairly should be to decide whether your complaint involves a violation of a law or is simply a matter of disagreement or misunderstanding between you and your employer.

If, for example, your employer refused to pay you time and a half for five hours of overtime that you worked, then the issue would be covered by the FLSA. But if you had been working under the impression that you would get a raise every year—a matter not covered by the FLSA—and your employer will not give you one, then the issue is left for you to resolve with your employer, without the clout that a law can lend.

Once you have refined your complaint, try discussing it with your employer or former employer before filing any official action. Some companies have dispute resolution programs—usually outlined in their employee manuals—that can help you resolve a pay dispute without resorting to legal action.

Filing a Complaint or Lawsuit
If your complaint involves what you believe is a violation of the FLSA—for example, you have not been paid fairly or on time—contact your local office of the Wage and Hour Division of the U.S. Department of Labor, listed in the federal government section of the telephone directory and available on the agency’s website at www.dol.gov.

If you call, visit, or write to your local Wage and Hour Division office, workers there will take down the information you provide and transcribe it onto a complaint form. You can request one of these forms and fill it out yourself. But, since the staff members are familiar with which details are legally pertinent, they usually prefer to fill it out themselves. They will probably ask you to provide photocopies of documents relevant to your dispute, such as pay stubs.

Review the completed complaint form and attached documents to be sure they are correct and as complete as possible. If you are assigned to a staff person who seems particularly unsympathetic or unhelpful, calmly and politely ask to speak with someone else. Also, keep in mind that a huge dollop of patience is required. The process—from filing a complaint through investigation and the final outcome—typically takes from one to three years.

Once your complaint has been put together, U.S. Labor Department investigators will take over the job of gathering additional data that should either prove or disprove your complaint.

If the thought of reporting your employer to the authorities frightens you, take some comfort in knowing that Labor Department investigators must keep the identities of those who file such complaints confidential. Also, it is illegal for an employer to fire or otherwise discriminate against an employee for filing a complaint under the FLSA or for participating in a legal proceeding related to its enforcement. Many state laws also provide protection for employees who file state wage and hour complaints.

Where the federal investigators find violations of the FLSA, the action that they then take will depend upon the severity of the violations and whether or not the employer appears to have been violating the law willfully.

When the violations are severe and apparently willful, the Labor Department may ask the Justice Department to bring criminal charges against the employer. Government lawyers will handle the matter for you. If convicted, a first-time violator of the FLSA may be fined by the courts; subsequent convictions can result in both fines and imprisonment.

If the violations are not too severe, or if the Labor Department investigators feel the infractions were not willful, one of the following steps may be taken:

The Labor Department may set up and supervise a plan for your employer to pay back wages to you and anyone else injured by the violations.

The Secretary of Labor may file a lawsuit asking the court to order your employer to pay you the wages due, plus an equal amount as damages. The court may also issue an injunction or order preventing your employer from continuing the illegal behavior.

You may file your own lawsuit under the FLSA to recover the wages you’re owed, plus other damages, attorneys’ fees, and court costs. You will probably need to hire a lawyer to help with this type of lawsuit.