How To Report an Employer to the Department of Labor

Whether you work for a large corporation, the government, or a local business, labor laws are meant to protect you and the general public. But not all employers follow these laws. So, lawmakers created a way for employees to report workplace violations through the U.S. Department of Labor (DOL).

Whistleblowers can face retaliation for their actions. So, legislators have passed whistleblower protection laws forbidding such retaliation. Read on to learn how to report an employer to the Department of Labor and the laws that can protect you as a whistleblower.

What Is a Whistleblower?

Whistleblowers are individuals who report company violations of state or federal law. Workplace violations may include:

• Issues of workplace safety or dangerous working conditions
• Wage theft and violations of minimum wage laws
• Employment discrimination and harassment
• Violations of child labor laws
• Denial of federally guaranteed leave

The DOL enforces all employment laws related to the Fair Labor Standards Act (FLSA). The FLSA establishes the federal minimum wage, overtime pay and hours, and other matters related to pay and benefits.

Other divisions of the DOL handle issues related to worker safety, medical leave, and civil rights. Different agencies handle other issues, such as sexual harassment and discrimination.

Making a DOL Report

The process for filing a complaint varies depending on the nature of the issue. Not all workplace matters go immediately to the DOL. If you're unsure about the type of complaint to make, contact an employment law attorney before making any formal complaint with a government agency.

OSHA

The Occupational Safety and Health Administration (OSHA) investigates employee complaints about workplace safety and regulatory violations. OSHA offers whistleblower protections, including legal support in the event of retaliatory action.

Wage and Hour Division

The Wage and Hour Division (WHD) is directly responsible for enforcing the FLSA. If you have a wage complaint or need to report violations of federal laws such as the Family and Medical Leave Act (FMLA), contact the WHD.

Equal Employment Opportunity Commission

The Equal Employment Opportunity Commission (EEOC) takes all complaints regarding civil rights violations. Employment discrimination based on race, religion, gender, or national origin is prohibited in all workplaces. Any employee may report such behavior.

State Reporting Agencies

Almost all states have their own regulatory agencies for workplace safety, wage claims, and anti-discrimination complaints. When you file a complaint, you should do so with the applicable state agency and the DOL. Many states have more stringent requirements than the federal government.

Workers' Compensation

Unlike other types of whistleblowing, state agencies handle workers' compensation complaints. Your state workers' compensation office is typically found in the state labor board or industrial relations department.

Workplace Retaliation

Federal and state laws prohibit whistleblower retaliation. That does not mean it won't happen. Employers and companies may not be happy to have their wrongdoing exposed. Retaliation may include harassment, unlawful transfers, denial of promotions, and wrongful termination.

Most whistleblower statutes provide substantial penalties for employer retaliation. Agencies like OSHA provide legal assistance for whistleblowers facing retaliation. Many statutes have narrow windows for filing retaliation claims. If you believe your employer is retaliating in any way following a complaint, you should contact an attorney right away.

Get Legal Assistance

Whether you're making a report or facing retaliation, you shouldn't have to do so alone. You'll need help with the complicated legal requirements of a workplace violation report. The evidence you'll need for a claim of retaliation is daunting. Ask a whistleblower attorney to help keep you on track in both cases.