How to File a Federal Wage Complaint for Unpaid Minimum Wage or Overtime

File the complaint with the Wage and Hour Division

The federal agency that handles complaints about unpaid minimum wage and overtime under the Fair Labor Standards Act is the U.S. Department of Labor Wage and Hour Division (WHD).

You can contact WHD in three practical ways:

• call 1-866-4-US-WAGE (1-866-487-9243);
• submit a potential complaint or concern through WHD's online contact system; or
• contact a local Wage and Hour Division office.

WHD states that its complaint and investigation services are free.

When unpaid wages may violate federal law

The Fair Labor Standards Act establishes federal minimum-wage, overtime, recordkeeping and youth-employment standards for covered employment.

As of September 2026, the federal minimum wage for covered nonexempt employees remains $7.25 per hour.

Covered nonexempt employees generally must also receive overtime pay of at least one and one-half times their regular rate of pay for hours worked over 40 in a workweek.

A workweek for FLSA purposes is a fixed, regularly recurring period of 168 hours: seven consecutive 24-hour periods. Federal overtime is generally based on hours over 40 in that workweek, not merely on working more than eight hours in one day.

Federal law may not be the highest wage standard

Many states and local jurisdictions require minimum wages higher than the federal $7.25 rate. The Department of Labor states that when an employee is covered by both federal and state minimum-wage laws, the employee is entitled to the higher applicable minimum wage.

A WHD complaint focuses on federal laws enforced by the Department of Labor. Separate state or local remedies may also exist when those laws provide stronger protections.

You do not need to be a current employee

WHD accepts concerns from current and former workers, and its complaint guidance also recognizes third-party complaints.

You should not assume that leaving the job prevents you from reporting unpaid wages. The more important issue is whether the claim remains within the applicable limitations period.

WHD enforces wage laws regardless of immigration status

The Department of Labor states that WHD enforces the laws under its jurisdiction regardless of a worker's immigration status.

Its complaint guidance also states that services are free and confidential whether a worker is documented or not.

What information should you prepare?

WHD identifies several pieces of information as useful when filing a complaint:

• your name;
• your address and telephone number or other contact information;
• the employer's name;
• the employer's location and telephone number;
• the manager or owner's name when known;
• the type of work you performed;
• when the events occurred; and
• how and when you were paid, such as cash or check and the normal payday.

Give accurate information and separate what you know from what you are estimating.

Keep your own wage and hour evidence

WHD says additional records can be helpful, including:

• pay stubs;
• personal records of hours worked;
• work schedules;
• time records;
• information about the employer's pay practices; and
• other records showing when and how much you were paid.

You should not assume that a complaint is impossible merely because the employer controlled the official timekeeping system. During an investigation, WHD can examine employer payroll and time records and interview employees.

Personal time records can be useful

If you believe your hours are being recorded incorrectly, keep a contemporaneous record showing when you start work, stop work and take unpaid breaks.

The Department of Labor also provides a DOL Timesheet App as a tool workers can use to track regular hours, breaks and overtime.

Using the WHD online complaint and inquiry route

WHD provides an online contact form that allows a person to indicate that they have a potential complaint. The form collects information so a Wage and Hour representative can follow up by telephone or email.

The Department states that online inquiries may take up to 7 to 10 business days for a response.

If a limitations deadline is approaching or the matter is urgent, do not rely on the online response estimate as a reason to delay contacting WHD by telephone.

Calling the federal wage hotline

You can contact the Wage and Hour Division at 1-866-487-9243.

Current DOL contact information lists telephone assistance Monday through Friday, generally from 8:00 a.m. to 4:30 p.m. local time, with hours varying by region. Telecommunications relay services are available by dialing 7-1-1 for people who are deaf, hard of hearing or have a speech disability.

WHD is multilingual and states that assistance is available in more than 200 languages.

Federal wage complaints are confidential

WHD states that all discussions and complaints are confidential.

The agency does not generally disclose the complainant's name, the nature of the complaint or whether a complaint exists.

Current DOL guidance explains that information may be shared when necessary to pursue an allegation only with the worker's permission, or when disclosure is required by a court.

Your employer cannot lawfully retaliate for protected FLSA activity

Section 15(a)(3) of the FLSA prohibits retaliation against an employee for protected activities such as filing a complaint or cooperating in an investigation.

Prohibited retaliation can include discharge or other discriminatory treatment because of the worker's protected activity.

The Department of Labor states that FLSA anti-retaliation protection can apply even to a former employee and that protected complaints may be oral or written.

If retaliation occurs after you raise a wage issue or contact WHD, report it to WHD promptly as a separate concern.

Do not wait because federal wage claims have time limits

The FLSA generally provides a 2-year statute of limitations for non-willful violations and a 3-year limitations period for willful violations.

WHD explains that it generally looks back over the prior two years when determining wages that may be owed and encourages workers to file as soon as possible so an investigation can be completed before claims become time-barred.

Do not wait until the final months of the limitations period simply because you believe you have two or three years. The amount potentially recoverable can shrink as older pay periods fall outside the limitations period.

Overtime is generally based on the regular rate

For covered nonexempt employees, overtime is generally due after 40 hours worked in a workweek at no less than one and one-half times the employee's regular rate.

The regular rate is not always identical to a worker's stated hourly rate. Under the FLSA, certain compensation must be included in the regular-rate calculation, while specific payments may be excluded by law.

Employers generally cannot avoid overtime merely by paying a salary, commission, piece rate or another compensation method.

Working overtime without advance authorization does not automatically eliminate pay

The Department of Labor states that an employer that requires or permits overtime work must generally pay for that work when the employee is covered and nonexempt.

An employer policy requiring advance approval for overtime does not by itself eliminate the employee's right to compensation for compensable overtime hours that the employer permitted or suffered the employee to work.

A salary or job title alone does not decide overtime eligibility

Some employees qualify for exemptions from federal minimum-wage or overtime requirements, but an employer cannot establish an exemption simply by labeling a worker a manager or paying a salary.

For common executive, administrative and professional exemptions, federal regulations apply specific salary and duties tests. Other exemptions have different requirements.

If you are unsure whether an exemption applies, give WHD the facts about your actual duties and compensation rather than assuming your employer's classification is correct.

How a WHD investigation typically works

Not every contact necessarily leads to the same enforcement action, but WHD describes a typical investigation as including several stages.

An investigator may:

1. hold an initial conference with the employer or its representative;
2. review records to determine which laws and exemptions apply;
3. examine payroll and time records;
4. interview employees privately; and
5. hold a final conference with the employer to discuss violations and corrective action.

Investigations can begin because of a worker complaint or through WHD's own enforcement initiatives.

Back wages and other remedies may be available

If WHD determines that minimum wage or overtime is owed, the investigator may request that the employer pay back wages.

The FLSA also authorizes the Department of Labor, in appropriate cases, to pursue back wages and an equal amount in liquidated damages. Civil money penalties may apply to certain repeat or willful minimum-wage and overtime violations.

Available remedies depend on the facts, the law and the enforcement route. Filing a complaint does not guarantee that WHD will find a violation or recover a specific amount.

A private FLSA lawsuit is a separate enforcement route

The Fair Labor Standards Act also permits an employee, in qualifying circumstances, to file a private lawsuit to recover unpaid minimum wages or overtime, an equal amount in liquidated damages, attorney's fees and court costs.

The Department of Labor notes that when an employee pursues the same back wages and liquidated damages through a private action, DOL will not seek those same amounts on that employee's behalf.

Whether to pursue litigation involves legal and procedural considerations beyond the administrative complaint process described here.

Not every pay dispute is an FLSA violation

The FLSA does not regulate every workplace payment issue.

For example, WHD states that the FLSA generally does not require:

• vacation pay;
• holiday pay;
• severance pay; or
• sick pay.

State law, an employment contract, collective bargaining agreement or another federal law may provide rights that the FLSA does not.

If WHD cannot assist with a particular issue, the agency states that it may try to direct the worker to the appropriate agency or organization.

Common wage-complaint mistakes to avoid

• Waiting too long: FLSA recovery is subject to 2-year and, for willful violations, 3-year limitations periods.
• Assuming a salary means no overtime: exemption depends on applicable legal tests, not the label alone.
• Averaging hours across two weeks: federal overtime is generally calculated separately for each workweek.
• Assuming unauthorized overtime never has to be paid: compensable work the employer permits can still create a payment obligation.
• Throwing away pay and time records: personal records can help WHD understand the complaint.
• Using only the federal $7.25 rate without checking state law: a higher state or local standard may apply.
• Failing to report retaliation: retaliation is itself prohibited under the FLSA when based on protected activity.
• Paying someone to submit a WHD complaint: the federal complaint process itself is free.

Keep records and respond to WHD requests

After contacting WHD, save any case information, emails and documents you receive. Respond promptly if a Wage and Hour representative asks for clarification or records.

Continue keeping your own record of hours and pay if you remain employed. Do not alter, fabricate or discard relevant documents.

If your employer changes your schedule, pay, duties or employment status after learning about protected wage activity and you believe the action is retaliatory, tell WHD promptly.

There is no single guaranteed timeline for resolving a federal wage complaint. The complexity of the employer's records, coverage questions, exemptions, number of affected workers and enforcement issues can all affect the investigation.