How Do I Report a Violation of the Fair Labor Standards Act (FLSA)?

The Fair Labor Standards Act (FLSA) is a federal law in the United States that establishes minimum wage, overtime pay, recordkeeping, and child labor standards for employees in both the private and public sectors. The FLSA aims to protect workers from unfair labor practices and ensure they receive fair compensation for their work. If you believe that your employer is violating the provisions of the FLSA, it is essential to know how to report such violations. This article will guide you through the process of reporting a violation of the Fair Labor Standards Act.

1. Understand Your Rights under the FLSA:

Before reporting a violation, it is crucial to familiarize yourself with your rights as an employee under the FLSA. Some key provisions of the FLSA include:

• Minimum Wage: The FLSA sets a federal minimum wage that employers must adhere to. As of September 2021, the federal minimum wage is $7.25 per hour, although some states have higher minimum wage rates.
• Overtime Pay: Non-exempt employees are entitled to receive overtime pay at a rate of 1.5 times their regular pay for hours worked beyond 40 hours in a workweek.
• Recordkeeping: Employers must maintain accurate records of employees' wages, hours worked, and other relevant employment information.
• Child Labor Protections: The FLSA places restrictions on the employment of minors to ensure their safety and education.

2. Gather Evidence of the Violation:

   Before filing a complaint, it is essential to gather evidence that supports your claim. Document any instances of unpaid wages, denial of overtime pay, or other violations. Keep records of your work hours, pay stubs, employment contracts, and any communication with your employer regarding the violation.

3. Determine the Agency to Contact:

   Depending on the specific violation, there are two primary agencies responsible for enforcing the FLSA:

• Wage and Hour Division (WHD): The WHD is a part of the U.S. Department of Labor (DOL) and enforces the FLSA's provisions. They handle complaints related to minimum wage, overtime pay, recordkeeping, and child labor. You can contact the WHD either online or by visiting their local office.
• State Labor Department: Some states have their own labor departments that enforce wage and hour laws. If your state has its labor department, you may consider filing a complaint with them instead of or in addition to the WHD.

4. File a Complaint:

To report a violation of the FLSA, you can follow these steps:

a. Prepare a Written Complaint: Clearly describe the violation, including dates, specific incidents, and any supporting evidence you have gathered. Be sure to include your contact information and the details of your employer.

b. Submit the Complaint: You can file a complaint with the WHD online through their official website or by mailing it to the nearest WHD office. If you are filing a complaint with a state labor department, follow their specific guidelines for submission.

5. Follow Up and Cooperation:

After filing a complaint, it is essential to follow up with the relevant agency. Be prepared to provide any additional information or evidence they may require. Cooperate with the investigators and promptly respond to any requests for information.

Relevant Law Citations:

• Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq.
• Code of Federal Regulations (CFR), Title 29, Part 516 – Recordkeeping