How to File a Wage Complaint
- 1). Compute the amount of time that has passed since the incident for your complaint. The Fair Labor and Standards Act statute of limitations on wage claims is two years. If your employer kept your wages from you deliberately, then the statute is three years from the date that back pay was due. These dates refer to the amount of time that you have to file a lawsuit. To try to remedy the complaint before suing your employer, give the Wage and Hour Division at least six months to conduct an investigation and issue findings.
- 2). Compile the information you for your complaint. This includes your contact information, job title and job description. In addition, you need the number of hours per week that you worked and your agreed-on pay rate. Describe why you are filing a wage complaint and supply as much evidence, and as many witness names, as possible.
- 3). Visit the Wage and Hour Division office closest to you and ask a representative about filing a wage claim. Many state websites have complaint forms online that allow you to complete and print them to bring with you to your meeting.
- 4). Keep a copy of any correspondence that you receive from the Wage and Hour Division and make note of your claim number, if you are issued one. Always place your claim number on any documentation that you submit to the Wage and Hour Division or use it when calling to make inquiries.
- 5). Monitor the investigation of your complaint. Once the Wage and Hour Division determines that your position falls under its purview, the employer will be contacted, and Wage and Hour Division will ask for information about your wage claim. If you must be identified to your employer, you will be contacted for approval first.
- 6). Attend a hearing either in person or over the phone, if one is scheduled on your behalf. Discuss your documentation proving that you are owed wages by your employer.
- 7). Wait to receive the money due to you if the Wage and Hour Division finds that your employer did not pay you according the federal regulations. File a lawsuit if the Wage and Hour Division has completed its investigation but was unable to prove wrongdoing by your employer or to provide you with the pay owed to you.
