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Filing a complaint with the Wage and Hour Division

The Wage and Hour Division (or "WDH") administers several laws within the Department of Labor. If you have a wage and hour complaint, then you will likely file a complaint with them. This article will go over some basic information regarding the WHD and filing complaints.

You can speak freely with WHD employees. Everything you say to them is confidential. All complaints are confidential, including your name ? so your job will not be jeopardized. The WHD enforces all provisions of the Fair Labor Standards Act regardless of immigration status. So, don't let an employer bully you into surrendering some of your pay.

The WHD only enforces the Fair Labor Standards Act, which excludes several compensation items including:

  • Raises.
  • Holiday or vacation time / paid time off.
  • Premium pay for holiday or weekend work.
  • Meal or break times.
  • Vacation, holiday, severance or sick pay.

These are state-specific rights and must be enforced by the relevant state entities. If these are benefits offered through a contract or employee handbook, then you will have to seek relief in a court.

If you don't have all the information you require from your employer, then begin collecting it on your own. If your employer does not denote the hours worked on your paystub, then begin tracking your hours yourself. Keep copies of your checks before you cash them. If you don't know your employer's name, then try taking a picture of their license plate with your phone. This information can be critical in assessing your claim.

If your employer is not paying you your fair wage, then you may have an actionable employment claim. You may want to speak with a lawyer to go over your options. There are several avenues including filing a complaint with the WHD or filing a lawsuit in court. You earned that money, and you deserve it.

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