While state and federal agencies have recovered billions in stolen wages on behalf of employees, many of these issues continue to go unreported. Whether you’re a part-time employee who is working their first job or you’re a full-time supervisor for a major company, California residents need to know how and when to report wage and hour law violations.
When to file a wage and hour violation report
If you are an employee who is covered by the Fair Labor Standards Act (FLSA), have not received overtime pay and have not been paid minimum wage, you may consider filing a wage and hour violation report. While the federal minimum wage is $7.25 an hour, some states have set minimum wage and hour pay rates that are higher than that. Companies are required to pay their minimum wage employees whichever rate is higher, state or federal.
How to file a wage and hour violation report
If your employer has failed to pay you properly according to the FLSA, you can file your complaint by mail in person or by visiting a Wage and Hour Division Office of the U.S. Department of Labor. You will be required to fill out a form containing the following information:
- Your personal information
- Employer’s name, address, type of business and phone number
- Job title
- Payment information
- Description of alleged violations
- Dates of violations
Time is of the essence when filing a wage and hour violation complaint as there is a statute of limitations in play. The FLSA allows two years for employees to file their formal complaints, and they allow three years for willful violations. Typically, the U.S. Department of Labor recommends that employees file their complaints no later than 18 months after the alleged violation took place.