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The United States Department of Labor (DOL) investigates claims filed by employees for unpaid minimum wage and overtime. You can usually find the telephone numbers for agencies like the DOL under the "Government" section in the phone book. You might also see a labor law attorney to find out if you have a good claim.

Your own state probably also has an agency that investigates wage claims. Sometimes the state agency gives you better protections. Look under the state government section of your phone book to see if your state has a department of labor, then call to see if it handles such claims.

How do I file a claim for wages?

If your employer has violated wage labor laws, you have two options. You can either file a claim with the Department of Labor or file a lawsuit. You should consult with a labor law attorney in your area.

How long do I have to file a claim?

You can normally file a claim with the DOL for two years of back wages and overtime pay. If you can show that your employer knew he was violating wage laws, you may recover three years of wages.

Department of Labor Law procedures

DOL must investigate your claim, perhaps by sending an agent to your workplace. DOL should act as if it got an anonymous tip, and your name should not be used in the investigation. Department of Labor investigators have the power to force your employer to pay you and other employees who have been denied their rightful wages.

How do I prove my claim?

In labor law, if you want to file a claim for unpaid wages, it's best if you have a good record of the hours you worked. Even though the DOL or a labor law attorney might be able to get your time records from your employer, those records could be fake or they might not exist. Therefore, if you think you are owed back wages or overtime, you should keep a record or journal of the dates and times you worked, as well as a copy of any paycheck or pay stubs you receive from your employer.

Filing a labor lawsuit

Instead of filing a claim with a government agency, you may simply sue your employer to recover lost wages and overtime. This might get you more money for yourself and possibly for your co-workers as well. If you are considering filing a lawsuit, you should contact an attorney who specializes in employment law (an employment lawyer).

Can my employer retaliate against me?

It is against labor law for your employer to fire you, demote you, deny you a promotion, or take any other action against you because you filed a claim or sued him for wages or overtime pay - even if you lost the suit or claim, so long as you made it in "good faith". If he takes any such "retaliatory" action against you, you should file a whole new claim or amend your lawsuit to add a claim for retaliation. If you have questions about the department of labor, contact a lawyer near you.