How to File a Department of Labor Complaint (Wage & Hour)
A DOL wage complaint is free, confidential, and takes about 15 minutes online. Here's the step-by-step process, what investigators look for, and your retaliation rights.
A Department of Labor complaint means filing a report with the Wage and Hour Division (WHD), the branch of the DOL that enforces the FLSA. It is the most accessible enforcement route for workers who believe they have been underpaid — free, available online, and confidential by default.
What the WHD enforces
The WHD handles violations of more than 180 federal labor laws. The most common complaints involve unpaid overtime under the FLSA, minimum wage shortfalls, tip credit abuses, off-the-clock work requirements, illegal deductions from paychecks, child labor violations, and FMLA retaliation. If your issue is discrimination or harassment unrelated to wages, you would file with the EEOC instead.
Filing online: what you need
Go to dol.gov/agencies/whd/contact/complaints. Click 'File a Complaint' on the Worker Resources page. You will enter: your employer's name, address, and approximate size; your contact information (kept confidential if you request it); your job title and pay rate; an approximate date range for the violation; and a brief narrative of what happened. No attachments are required to start. The form takes about 15 minutes.
How the investigation works
A WHD district office assigns an investigator to your complaint. The investigator contacts the employer, requests payroll records and time logs, and may interview coworkers. You have the right to participate confidentially. If the employer's records are missing or falsified, investigators use employee declarations and reasonable estimates to reconstruct wages owed.
If a violation is confirmed, the employer receives a back-wage finding and a deadline to pay. If they refuse, the Solicitor of Labor can file a federal lawsuit on your behalf. The WHD can also assess civil money penalties — up to $2,411 per violation in 2026 for repeat or willful violators.
Filing with your state at the same time
The WHD enforces federal law. If your state has its own wage laws — and most do — file with your state labor agency at the same time. State agencies may have higher minimums, longer lookback periods, or stricter penalties than federal law. Filing both complaints takes about 30 minutes total and preserves all your options.
Retaliation protection
It is illegal for your employer to fire, demote, cut your hours, or otherwise punish you for filing a WHD complaint or cooperating in an investigation. If retaliation occurs, file a separate retaliation complaint with the WHD immediately. Federal FLSA retaliation claims have a two-year filing deadline (three years if willful). Many state retaliation statutes have even shorter windows — some as tight as 30 days — so do not delay.