Report Labor Law Violations: Know Your Rights

If you witness or experience a violation of labour law, you have the right to report it. In the US, workers are protected by federal labour laws enforced by the Wage and Hour Division of the Department of Labor, which is responsible for investigating complaints. Complaints can be made to the Department of Labor by phone or online, and the name of the complainant will be kept confidential. In California, the Labor Commissioner's Office investigates wage theft and other labour law violations, and complaints can be submitted online, in person, or by mail. The Occupational Safety and Health Administration (OSHA) also allows workers to file complaints online, by phone, or by letter, and offers the option to submit complaints anonymously.

Report to the Wage and Hour Division

If you believe your employer is breaking labor laws, you can file a complaint with the Wage and Hour Division (WHD) of the United States Department of Labor. The WHD enforces some of the nation's most comprehensive federal labor laws, including the Fair Labor Standards Act (FLSA).

The WHD can help you with protections related to:

• Federal minimum wage
• Overtime pay
• Record-keeping
• Child labor requirements
• Migrant and Seasonal Agricultural Worker Protection Act
• Employee Polygraph Protection Act
• Family and Medical Leave Act
• Wage garnishment provisions of the Consumer Credit Protection Act
• Employment standards and worker protections as provided in several immigration-related statutes
• Prevailing wage requirements of the Davis-Bacon and Related Acts and the Service Contract Act
• Other statutes applicable to federal contracts for construction and the provision of goods and services

If you believe you are not being paid correctly, you can file a complaint with the WHD. To do so, you will need to provide information such as your current contact details, job title, work description, details about your pay, and your employer's contact information. You may also want to provide documents that can help prove your case, such as written wage agreements or employment contracts.

You can make a complaint to the WHD by telephone or in person at one of their offices. If you are unsure about filing a complaint, you can call or visit any Wage and Hour Office to ask about the laws. The WHD has a toll-free helpline: 1-866-4USWAGE (1-866-487-9243). This line is open Monday to Friday from 8:00 a.m. to 4:30 p.m. local time, and hours may vary by region.

All discussions, complaints, and investigations are confidential. Your name will generally only be revealed with your permission and when needed to pursue a claim. It is best to file your complaint as soon as possible after the violation, and there are no costs or fees for filing a complaint with the WHD.

File a Whistleblower Complaint

If you believe your employer has retaliated against you for exercising your rights as an employee, you can file a whistleblower complaint. In the U.S., the Occupational Safety and Health Administration (OSHA) enforces whistleblower protection laws.

How to File a Whistleblower Complaint:

You can file a whistleblower complaint with OSHA using any of the following methods:

• Online: Submit your complaint through the Online Whistleblower Complaint Form on the OSHA website.
• Fax, Mail, or Email: Send a letter describing your complaint or a printed copy of your completed Online Whistleblower Complaint Form to your local OSHA Regional or Area Office. Ensure that your correspondence includes your name, mailing address, email address, and telephone or fax number so that they can contact you to follow up.
• Telephone: Call your local OSHA Regional or Area Office. OSHA staff can discuss your complaint with you, answer any questions, and guide you through the process.
• In Person: Visit your local OSHA Regional or Area Office, where OSHA staff can accept your verbal or written complaint and provide any necessary information.

It is important to note that OSHA accepts complaints in any language. If you need assistance, such as a foreign language interpreter, you can contact your local OSHA Regional or Area Office for help.

Time Limits for Filing a Whistleblower Complaint:

OSHA administers more than 20 whistleblower statutes, each with varying time limits for filing. The time frame for filing a complaint usually begins when an adverse action, such as termination, occurs and is communicated to the employee. The time limits for filing under different statutes include:

• 30-180 days (deadlines vary with each statute)
• Section 11(c) of the Occupational Safety and Health Act (OSH Act)
• Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
• Federal Water Pollution Control Act (FWPCA)
• Safe Drinking Water Act (SDWA)
• Solid Waste Disposal Act (SWDA)
• Toxic Substances Control Act (TSCA)
• International Safe Container Act (ISCA)
• Anti-Money Laundering Act (AMLA)
• Asbestos Hazard Emergency Response Act (AHERA)
• Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21)
• Affordable Care Act (ACA)
• Consumer Financial Protection Act (CFPA)
• Consumer Product Safety Improvement Act (CPSIA)
• Criminal Antitrust Anti-Retaliation Act (CAARA)
• Energy Reorganization Act of 1974, as amended by the Energy Policy Act of 2005 (ERA)
• Federal Railroad Safety Act (FRA)
• FDA Food Safety Modernization Act (FSMA)
• Moving Ahead for Progress in the 21st Century Act (MAP-21)
• National Transit Systems Security Act (NTSSA)
• Pipeline Safety Improvement Act (PSIA)
• Sarbanes-Oxley Act (SOX)
• Seaman’s Protection Act (SPA)
• Surface Transportation Assistance Act (STAA)
• Taxpayer First Act (TFA)

Information to Have When Filing a Whistleblower Complaint:

While none of these items are required, having the following information can be helpful to the investigator who will be handling your complaint:

• Documentation regarding additional complaints, such as safety or health complaints, or other statutorily protected complaints filed with OSHA or another enforcement agency.
• Copies of any relevant, lawfully obtained documents related to your complaint, such as emails, phone records, text messages, activity logs, meeting notes, work orders, letters, or memoranda.
• Copies of any hiring or termination letters.
• A copy of the employer's handbook for employees and/or collective bargaining agreement.
• Copies of any disciplinary actions you received during your employment.
• A current description of your job.
• A list of names and contact information for potential witnesses who can confirm your allegations, along with a brief summary of what you believe each witness may know.
• The names, titles, and contact information for the management officials who made the personnel decision that you are complaining about.
• The names, titles, and contact information for individuals who processed the paperwork regarding the personnel decision, such as secretarial, clerical, or human resources personnel.
• Copies of your last five pay stubs.
• Copies of documents from any other proceedings between you and the company, such as EEOC complaints or lawsuits.
• Copies of all documents from unemployment or worker's compensation proceedings related to the incidents discussed in your complaint.

Confidentiality and Protection:

The U.S. Department of Labor is committed to protecting your rights. When you file a complaint, your name, the nature of the complaint, and whether a complaint exists will be kept confidential. Additionally, employers are prohibited from retaliating against employees for exercising their rights, filing a complaint, or cooperating with an investigation. Retaliation can include adverse actions such as firing or laying off, demoting, denying overtime or promotion, or reducing pay or hours.

Report to the Occupational Safety and Health Administration (OSHA)

The Occupational Safety and Health Administration (OSHA) is a regulatory agency of the United States Department of Labor. It was established by the United States Congress under the Occupational Safety and Health Act (OSH Act), which President Richard Nixon signed into law in 1970. OSHA's mission is to ensure safe and healthy working conditions for working men and women by setting and enforcing standards and providing training, outreach, education, and assistance.

If you believe there is a serious hazard in your workplace or that your employer is not following OSHA standards, you can file a confidential safety and health complaint and request an OSHA inspection. The complaint should be filed as soon as possible after noticing the hazard, and a signed complaint is more likely to result in an onsite inspection. Here are the steps to file a safety and health complaint with OSHA:

• Online: Submit your complaint online using the Online Complaint Form.
• Fax/Mail/Email: Complete the OSHA Complaint Form or send a letter describing your complaint. You can fax, mail, or email the completed form or letter back to your local OSHA office.
• Telephone: Call your local OSHA office or 800-321-6742 (OSHA). OSHA staff can discuss your complaint and respond to any questions.
• In Person: Visit your local OSHA office to speak with staff about your complaint.

When filing a complaint, you can choose to remain anonymous, and you also have the option to allow someone else to file the complaint on your behalf. In your complaint, be sure to include the employer's name, address, and contact information. The deadline for filing a safety and health complaint is less than six months, as OSHA cannot issue violations for safety and health incidents that occurred more than six months prior.

In addition to safety and health complaints, OSHA also handles whistleblower complaints. You can file a whistleblower complaint if you believe your employer has retaliated against you for exercising your rights as an employee under the whistleblower protection laws enforced by OSHA. Here are the steps to file a whistleblower complaint:

• Online: Submit your complaint online using the Online Whistleblower Complaint Form.
• Fax/Mail/Email: Complete the Online Whistleblower Complaint Form or send a letter describing your complaint. You can fax, mail, or email the completed form or letter to your local OSHA office. Be sure to include your name, mailing address, email address, and telephone or fax number so that OSHA can contact you.
• Telephone: Call your local OSHA office or 800-321-6742 (OSHA) to discuss your complaint with staff.
• In Person: Visit your local OSHA office to speak with staff about your whistleblower complaint.

It's important to note that whistleblower investigations cannot be anonymous, as the respondent is required to address all allegations of adverse actions taken against the complainant's employment. The deadline for filing a whistleblower complaint varies depending on the statute, typically ranging from 30 to 180 days.

Contact the Labor Commissioner's Office

If you have witnessed or experienced a violation of labor law, you can file a report with the Labor Commissioner's Office. This can be done online, in person, or by mail. The Labor Commissioner's Office prioritizes and investigates wage theft and other labor law violations, including:

• Rest and/or meal periods
• Itemized wage statements
• Workers' compensation insurance
• Farm labor contractors
• Garment manufacturing
• Unlicensed contractors

If you are seeking unpaid wages as well as reporting a labor law violation, you should also file a wage claim. It is important to note that there are time limits for filing reports, which vary depending on the nature of the violation. For example, a report based on an oral agreement must be filed within two years from the date of the violation, while a report based on a written agreement has a time limit of four years.

When filing a report, it is recommended to gather as much information as possible to support your complaint. This includes details such as the date, time, location, and any relevant documentation. You can also contact the Labor Commissioner's Office to inquire about the specific information needed for your particular case.

The Labor Commissioner's Office in California assures that all workers are protected by labor laws, regardless of their immigration status. Therefore, you do not need to provide a social security number or photo identification when filing a report. Your report will be kept confidential to the maximum extent possible under the law.

File a Safety and Health Complaint

If you believe there is a serious health and safety hazard in your workplace, or if you think your employer is not following OSHA standards, you have the right to file a confidential safety and health complaint and request an OSHA inspection of your workplace. This can be done anonymously, and in any language. You can also allow someone else to file a complaint on your behalf.

The complaint should be filed as soon as possible after noticing the hazard. A signed complaint is more likely to result in an onsite inspection.

Online

Use the Online Complaint Form. Submit your complaint online to OSHA.

Fax/Mail/Email

Complete the OSHA Complaint Form, or send a letter describing your complaint. Complete the complaint form or letter, and then fax, mail, or email it back to your local OSHA office.

Telephone

Call your local OSHA office or 800-321-6742 (OSHA). OSHA staff can discuss your complaint with you and respond to any questions you may have.

In Person

Visit your local OSHA office. OSHA staff can discuss your complaint with you and respond to any questions you may have.

Information to Provide

• Name, address, and contact information of the employer
• How many employees work at the site and how many are exposed to the hazard
• How and when are employees exposed
• What work is performed in the unsafe and/or unhealthful area
• What type of equipment is used, and is it in good condition
• What materials and/or chemicals are used
• Have employees been informed or trained regarding hazardous conditions
• What process and/or operation is involved
• What kinds of work are being done nearby
• How often and for how long do employees work at the task that leads to their exposure
• How long (to your knowledge) has the condition existed
• Have any attempts been made to correct the problem
• How many shifts work in the area and what times do they start; on what shifts does the hazard exist
• What personal protective equipment is required by the employer, and is it used by employees
• Has anyone been injured or made ill as a result of this problem
• Have there been any "near-miss" incidents

Deadlines

The deadline for filing a safety and health complaint is less than 6 months. OSHA cannot issue violations for safety and health incidents that occurred more than six months prior.

Frequently asked questions