How are employee complaints lodged with the DOL?

Businesses might have heard that employee lawsuits are on the rise. As we emerge from the recent recession, more workers are coming forward with claims that employers required them to increase their time and attendance without receiving any additional pay. This may be a serious mistake for companies, since the resulting lawsuits can cost them more than it would have to issue the premium pay in the first place.

In order to avoid any issues with labor rights compliance, companies can hire human resources professionals. Employers can also take the opportunity to familiarize themselves with laws and regulations, such as those pertaining to minimum wage, overtime, recordkeeping and complaint filing procedures.

Employees can file claims with the Department of Labor (DOL) if they believe they are owed back wages for unpaid work time or wage theft as the result of improper payroll practices. These complaints can be lodged in-person at a Wage and Hour Division (WHD) location or via mail. They must be filed within two years of the incident if it was accidental or three years if their employers committed willful FLSA violations.

According to the latest data released by the DOL, there were 23,845 complaints filed by employees in 2008. However, that number may increase as workers come forward with claims, as during the 30-day period between August 26, 2012 and September 15, 2012, the WHD investigated 319 claims regarding FLSA provisions.