According to the Fair Labor Standards Act, workers in New York and the rest of the nation who feel that their employer has broken the law with regards to hours and wages can file a complaint with the U.S. Department of Labor. An employer found guilty of violating the law can face stiff penalties and even jail time. Employees who file a complaint are protected by law from retaliation by their employer, before they get started, there’s a few things that employees should know about filing a complaint under the FLSA.
What to know about filing WHD complaints
If an employee files a successful complaint, there are several ways that the Wage and Hour Division of the Department of Labor might deliver the unpaid wages. It might require the employer to pay out the wages under WHD supervision, or it might sue the employer for damages. The employee can also file a lawsuit if the WHD hasn’t dispensed their wages or brought their own lawsuit against the company. Each state has its own methods of proceeding, so the employee should look up the laws in their state for more information.
An employee who feels that their company has broken employment law needs to file as quickly as possible as a statute of limitations applies to the charges. A complaint needs to be filed within two years. If the employer committed a willful violation, the employee has up to three years to report the incident.
How talking with an attorney might benefit the client
If an employee suspects their employer of committing a wage or hour violation, they might be interested in speaking with an attorney. An employment law attorney might be able to assess the issue, help the client file a complaint and work to negotiate a settlement.