How to Report Wage Theft: Filing with the DOL or Your State
You can report wage theft to the DOL's Wage and Hour Division or your state labor agency for free. Here's what to document and what to expect after filing.
Reporting wage theft means formally notifying an enforcement agency that your employer owes you wages. You can file with the U.S. Department of Labor's Wage and Hour Division, your state labor agency, or both — at no cost, and without needing a lawyer. Your employer cannot legally punish you for doing so.
Know what you are reporting
Before filing, identify the type of violation clearly. Wage theft covers: unpaid overtime (hours over 40 not paid at 1.5×); off-the-clock work (required tasks outside your clocked hours); minimum wage shortfalls; unlawful deductions from pay; tip theft; and unpaid final wages. Being specific helps investigators act efficiently. Use the back-pay calculator to quantify the amount before you file — a concrete dollar figure strengthens any complaint.
Documenting your claim
Collect what you have before filing. Useful records include: pay stubs for the relevant period; screenshots or printouts from any time-tracking system; a personal log of hours worked, if you kept one; texts, emails, or messages showing you were required to work outside your scheduled shift; and any employer communications about your pay structure or hours.
If you lack records, file anyway. The FLSA places the recordkeeping burden on employers, not employees. If the employer's records are incomplete or missing, courts and investigators use employee testimony and reasonable estimates to establish hours and wages. Missing employer records cannot be used to defeat your claim.
Filing with the WHD
Go to dol.gov/agencies/whd/contact/complaints. Complete the online form or call 1-866-487-9243. You will need your employer's name and address, your pay rate and job title, an approximate date range for the violation, and a brief description of what happened. The form takes about 15 minutes. Your identity can be kept confidential if you request it — the WHD will not reveal your name to the employer if it can be avoided.
Filing with your state labor agency
State agencies enforce state wage laws, which often go beyond federal protections — higher minimum wages, longer lookback periods, greater liquidated damages. Most states have an online complaint portal. Search 'file a wage complaint' with your state name to find the right agency. California workers file with the Labor Commissioner; New York workers file with the Division of Labor Standards; Texas workers file with the Texas Workforce Commission. You can file with state and federal agencies at the same time.
What happens after you file
At the federal level, a WHD district office assigns an investigator who reviews employer records and may interview coworkers confidentially. You do not have to appear in person or argue your case. If a violation is found, the employer is ordered to pay back wages plus equal liquidated damages. If they refuse, the Department of Labor can pursue a federal lawsuit. Most investigations conclude within a few months for clear-cut cases.
Retaliation: know your rights
If your employer retaliates — firing you, cutting your hours, changing your schedule, or demoting you — after you report wage theft, that is an additional federal violation under the FLSA. File a separate retaliation complaint with the WHD immediately. Federal retaliation claims have their own statute of limitations, and some state retaliation statutes have windows as short as 30 days. Document every adverse action carefully: date, what happened, and who communicated it to you.