When you work hard, you deserve every dollar you earn. Yet many employees still face wage theft every year. Missing overtime pay, being paid less than minimum wage, or even going without a paycheck for hours worked.
If this happens to you, federal law gives you options. Under the Fair Labor Standards Act (FLSA), you can file a wage and hour claim with the DOL—specifically with its Wage and Hour Division—to recover unpaid wages and enforce your rights.
This comprehensive, advanced-level step-by-step guide explains how to build a strong claim, handle the investigation, and choose the best legal strategy for getting the wages owed to you. It also helps victims in the subject of wage-hour issues and assists in obtaining
Step-by-Step Guide to Filing a Wage and Hour Claim with the DOL
You should know the essentials about a wage and hour claim before going for a lawsuit. However, here’s a comprehensive and step-by-step guide to help you with the DOL claim.
Step 1: Know the Law and Your Rights
Your first move is understanding federal and state laws that govern your employer’s obligations. The Fair Labor Standards Act sets national standards for minimum wage, overtime rate, and recordkeeping. Employers must pay at least the federal minimum wage (currently $7.25/hour unless state laws require more) for all hours worked.
They must also pay overtime at one and a half times your regular rate for every hour beyond 40 in a week. Certain roles, like farm workers, have unique rules but still enjoy protections.
The FLSA also mandates that employers maintain accurate records of hours worked, wages paid, and regular payday schedules. Failing to provide pay stubs, record hours, or respect promised pay rates can support a claim.
Many state laws go further. For example, California has daily overtime requirements and higher minimum wage levels. Knowing which laws apply in your location will shape your claim and potential remedies.
Step 2: Recognize Common Violations Per the Fair Labor Standards Act
Before you even file, you need to identify specific violations. Examples include not being paid for all hours worked, denial of overtime pay despite long hours, minimum wage violations, late or missed regular payday payments, and being forced to work off the clock.
Wage theft can also include premium pay failures, improper cash payments without documentation, and falsified time records. Employers might manipulate schedules to avoid overtime or simply refuse to pay back wages.
Understanding your employer’s obligations—and the violation you experienced—is critical to framing your claim effectively with the Wage and Hour Division.
Step 3: Gather Detailed Records and Evidence of Wage Theft/Wage Claim
To convince the DOL that you’re owed wages, you’ll need solid proof. Start by assembling pay stubs, timecards, schedules, and any written agreements about your salary or hourly wage.
Also collect dates and times of hours worked, notes about paycheck amounts, and any employer communications (texts, emails) discussing payment, job duties, or overtime rate.
If you were paid in cash, carefully record dates, amounts, and hours. Even in most cases where formal documentation is missing, your own records and testimony can support a strong claim.
This evidence will help the Wage and Hour Division verify your allegations and estimate lost wages or back wages due.
Step 4: Contact the Wage and Hour Division For Minimum Wage Guidance
When you’re ready to file, you’ll need to reach out to the Department of Labor’s Wage and Hour Division. Each local office serves a location or region and can explain how to begin.
You can visit in person, call, or, in some areas submit forms online. Staff will help you understand how to complete a claim form and what information you need.
Don’t worry about immigration status. The DOL accepts complaints from any person working in the U.S., without asking about citizenship or work authorization. Federal law protects all employees equally.
Step 5: Complete and File Your Claim Form
This is your formal wage claim. The claim form will ask for your contact information, your employer’s business name and address, and details about your job.
You’ll describe your pay rate, hours worked, dates of employment, and what you were promised versus what you were paid. Be precise about overtime hours, premium pay, cash payments, or missing paychecks.
Include any evidence you’ve gathered. The more complete and detailed your form, the more effectively the DOL can evaluate your claim.
Step 6: Cooperate with the Investigation
After you file, the Wage and Hour Division will review your complaint to see if it warrants an investigation. If it does, an investigator will contact you for an interview.
They’ll also meet with your employer and may request payroll records, pay stubs, timecards, and hours worked logs. Employers must provide employees’ records on request.
Investigators might interview other employees to uncover broader violations, like patterns of wage theft or misclassification. They’re trained to detect incomplete records or inconsistent pay practices.
During this stage, your role is to present evidence, answer questions, and stay in contact with the investigator. Your credibility and documentation can shape whether the DOL can recover wages owed.
Step 7: Investigation Outcomes and Back Wages
If the Wage and Hour Division finds a violation, they’ll seek to recover back wages on your behalf. Employers often agree to settle immediately to avoid penalties or criminal prosecution.
In some cases, the DOL may negotiate settlements that include lost wages, overtime differentials, and premium pay adjustments for you and other employees.
For repeat or willful violations, the Department can impose civil penalties and even refer matters for criminal prosecution. This serves as a strong deterrent against employer abuses.
Successful DOL actions have secured millions in back wages for workers, from farm workers to office staff paid under the table.
Step 8: Alternative Paths: State and Civil Court Claims
If the DOL declines your case, or if you want a different route, you can also pursue your wage claim in state court or small claims court.
Small claims court is often ideal for modest amounts. You’ll complete a claim form at the court clerk’s office in your location, pay a small fee, and present evidence at an administrative hearing.
For larger or more complex claims, you might file in civil court, sometimes with an employment lawyer’s help.Many state laws allow recovery of back wages, penalties, and attorneys’ fees.
State labor departments often have their own complaint processes, too. For example, California and New York have robust systems for enforcing minimum wage and overtime protections.
Step 9: Small Claims Example
Imagine an employee who worked 55 hours a week for months, paid cash at a flat rate without overtime pay. They’re likely owed wages for 15 hours of overtime each week plus any difference from the minimum wage.
They could file a claim with the Wage and Hour Division, or alternatively go to small claims court in their location, complete the form, and seek judgment.
In court, they would present evidence like text messages about promised pay, personal records of dates and hours worked, and any pay stubs.
A court could award back pay, penalties, and sometimes costs.
Step 10: The Role of Attorneys
While you can file a DOL claim yourself, consulting an attorney can help, especially for complex or high-value claims. Lawyers with employment case experience can assist with contract law issues if you have an employment agreement that’s been breached, and they can represent you in civil court proceedings.
They may also help negotiate settlements or explain federal and state laws affecting overtime, minimum wage, or recordkeeping requirements.
Attorneys are particularly valuable when an employer retaliates, refuses to cooperate, or when multiple employees want to join a single wage and hour case.
Step 11: Employer Obligations and Defenses
Employers sometimes defend wage claims by pointing to records of hours worked, pay stubs, or cash receipts. They might argue the employee misunderstood promised pay or that overtime wasn’t required.
Some employers raise affirmative defenses based on state exemptions or classification as independent contractors.
But the burden often shifts once workers show hours worked without proper pay. Investigators and courts will examine documentation, testimony, and employer practices for signs of wage theft.
Step 12: Maintaining Compliance and Deterring Future Violations
Once you secure your back wages, keep copies of pay stubs, dates, and hours for future reference. This documentation can prevent disputes and simplify any later claim.
Your claim also helps enforce labor standards for other employees by showing that wage theft has consequences. Successful enforcement encourages better employer practices industry-wide.
Conclusion
Filing a wage and hour claim with the DOL is an essential tool for employees to fight wage theft, recover unpaid wages, and hold employers accountable under federal and state laws.
By understanding your rights, gathering solid evidence, and following this clear step-by-step process, you can pursue the compensation you’re legally owed and deter future violations.
Filing a Wage and Hour Claim with the DOL with BLG
Need help filing your wage claim or handling a dispute? Contact Bourassa Law Group for a free and confidential review. Our experienced attorneys can guide you through every step and fight for the wages you’ve earned.
1-800-870-8910