Before Filing a Wage and Benefit Complaint
Please Read These Instructions Carefully!
You can complete and mail a complaint form by downloading the Wage and Benefit Complaint Form by clicking on the following link:
Wage and Benefit Complaint Form
If you file through the online complaint process and provide an email address, you will receive an email notification that your online complaint form was received, and a copy of your complaint form in pdf format as an attachment. It may take up to 72 hours for you to receive this notification; please do not submit the complaint more than once.
You must have Adobe Acrobat Reader to download, open or view the complaint form in pdf format
If you are claiming wages and/or fringe benefits for different periods worked for different employers, you must use a separate form for each claim.
Fill out the claim form completely, and accurately, providing as much of the requested information as possible. Items highlighted in yellow are required, all other fields are optional.
If your address or telephone number changes, it is your responsibility to notify the Wage and Hour Division immediately or your claim may be closed. If you receive any payments directly from the employer, you must notify the Wage and Hour Division of the amount and date received.
Do Not Fill Out The Wage and Benefit Complaint Form If:
- You are self-employed or an owner/operator.
- You have filed suit against your employer for the same wage or fringe benefit claim.
- You already have a civil court judgment involving this claim.
- You are trying to obtain a W-2 or 1099. If so, you should contact the Internal Revenue Service at 1-800-829-1040.
- Your employer has filed bankruptcy or has been determined bankrupt. If so, you will need to contact the Bankruptcy Court for further instructions.
- You do not know your employer's address or location.
- The statute of limitations for your claim has expired. A 3-year statute of limitations applies when a claim is for unpaid minimum wages, unpaid overtime compensation, and/or equal pay. A 1-year statute of limitations applies when the claim includes wages, commissions, illegal deductions, and/or fringe benefits such as vacation pay, holiday pay, sick pay, bonus, or reimbursable business expenses earned according to a written contract or written policy.
FILING A CLAIM
By filing this claim with the Wage and Hour Division, you are electing a remedy which may prevent you from pursuing this claim elsewhere, including civil court.
When your claim form is received by the Wage and Hour Division the following steps are taken:
- The claim form is given to an investigator to review. The investigator determines if all of the required information is on the claim form and whether investigation of the claim is within the division's authority.
- The claim is then opened and a notification letter sent by the division to the employer requesting a written response. The letter requests documentation regarding the claim that has been filed.
- All investigators work on a first-in, first-out basis. This means that you will not be contacted by the investigator assigned to your claim until the claim comes up in rotation on his/her caseload. This may take awhile. The time required to complete an investigation depends on your cooperation, your employer's cooperation, and the complexity of the claim. In the interim, you should obtain whatever records or documentation that you have to support your claim and have it available when you are contacted by the investigator.
- It is important that you notify the Wage and Hour Division of any change in your address or daytime phone number. Failure to report this information will delay the investigation of your complaint.
- It is important that you notify the Wage and Hour Division of any payments you receive directly from the employer, you must provide the Wage and Hour Division with the amount and date of the payment.