{"id":357851,"date":"2016-04-04T10:45:32","date_gmt":"2016-04-04T15:45:32","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/employment\/wages-and-benefits\/how-to-report-wage-and-hour-violations.html"},"modified":"2025-03-19T00:00:00","modified_gmt":"2025-03-19T05:00:00","slug":"how-to-report-wage-and-hour-violations","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/employment\/wages-and-benefits\/how-to-report-wage-and-hour-violations.html","title":{"rendered":"How To Report Wage and Hour Violations"},"content":{"rendered":"\n
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How To Report Wage and Hour Violations<\/h1>\n
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\n By Lisa Burden, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Wage theft, where employers fail to pay minimum wages or overtime, is increasingly common. Employees can file a wage and hour violation report with the U.S. Department of Labor to recover back wages. This process supports all workers, regardless of immigration status, and protects against employer retaliation.<\/p>\n\n <\/div>\n\n

Claims of wage theft are increasing. States and federal agencies have recovered billions in unpaid wages. Employees denied minimum wage and overtime pay<\/a> can recover compensation by reporting wage and hour violations, but most wage theft cases go unreported.<\/p>\r\n

You have a right to your earned wages. A local employment attorney<\/a> can help you understand your rights and recover the wages your employer owes.<\/p>\r\n

The Fair Labor Standards Act<\/a> (FLSA) is a federal law that requires minimum wage and overtime pay. Employers must pay at least the federal minimum wage and time and a half overtime pay for employees working more than 40 hours a week. If an employer fails to meet these requirements, an employee or third-party complaint can result in workers receiving back pay for the wages they were wrongly denied.<\/p>\r\n

This article explains employer wage theft. It also guides you through how to file a wage and hour violation report and when to get legal help.<\/p>\r\n

Why File a Wage and Hour Violation Report?<\/h2>\r\n

If you haven’t received minimum wage or overtime pay and are an employee covered by the FLSA<\/a>, you may consider filing a wage complaint with the U.S. Department of Labor (DOL). As of March 2025, the federal minimum wage is $7.25 an hour. However, many states have state minimum wage requirements<\/a> higher than the federal minimum. An employer is responsible for paying whichever minimum wage is highest.<\/p>\r\n

Similarly, the FLSA requires that employers pay time and a half overtime when an employee works more than 40 hours in a work week. For example, a worker making $9 an hour and working 50 hours a week should get overtime pay for the 10 hours they worked beyond 40 hours that week. In this case, overtime pay must be at least one and a half times the hourly rate, or $13.50 an hour.<\/p>\r\n

Employees who recover back wages include cashiers whose overtime hours aren’t accurately reported on their paycheck and cooks paid less than minimum wage. Workers paid lump sums who worked many hours have recovered when their hourly rate didn’t meet the minimum wage. In some cases, employees misclassified as independent contractors<\/a> and denied overtime pay have recovered compensation.<\/p>\r\n

Filing a Wage and Hour Complaint<\/h2>\r\n

If you have been denied proper wages under the FLSA, you may file a complaint<\/a> by mail, or in person at an office of the Wage and Hour Division (WHD)<\/a> of the Department of Labor. The Wage and Hour Division enforces many of the nation’s federal labor laws. Complaints are confidential.<\/p>\r\n

The Labor Department has a toll-free number<\/a> for information, questions, and concerns.<\/p>\r\n

Third parties<\/a> can file complaints for an employee denied proper wages.<\/p>\r\n

Immigration status is not important. Undocumented workers can file complaints over federal wage law and wage payment violations.<\/p>\r\n

Information Needed for Wage and Hour Complaint<\/h2>\r\n

You will need to include the following information in the complaint:<\/p>\r\n