Report Labor Law Violations: Know Your Rights And Responsibilities

If you've witnessed illegal workplace activities, you may be unsure about how to proceed. Many people remain silent and put up with unfair practices because they need their job and are afraid of retaliation. However, there are laws in place to protect employees who do decide to speak up. These individuals are known as whistleblowers. In the US, the Department of Labor (DOL) is responsible for enforcing federal labor laws. The DOL's Wage and Hour Division (WHD) enforces laws related to the Fair Labor Standards Act (FLSA), which establishes the federal minimum wage, overtime pay and hours, and other matters related to pay and benefits. If you have a wage complaint or need to report violations of federal laws such as the Family and Medical Leave Act (FMLA), contact the WHD. You can also file a complaint online, by phone, by letter, or in person at your local WHD office. If you are unsure about the type of complaint you need to make, it is recommended that you contact an employment law attorney before making any formal complaint.

Identify the right agency

When deciding which agency to report a business to for breaking labor laws, it is important to consider the nature of the violation. In the United States, the Department of Labor is responsible for enforcing federal labor laws, and its Wage and Hour Division deals with issues related to family and medical leave, wages, and overtime pay. For example, if you have experienced or witnessed wage theft or other labor law violations affecting a group of workers, you can file a report with the Labor Commissioner's Office. This office prioritizes and investigates wage theft and other labor law violations, and your report will be kept confidential to the maximum extent possible under the law.

If you are based in California, you can submit a Report of Labor Law Violation online, in person, or by mail to the Labor Commissioner's office location nearest you. This report is not a wage claim, but if you are seeking unpaid wages, you should file a wage claim in addition to reporting the labor law violation. 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 of the violation, while a report based on a written agreement has a time limit of four years.

If you have witnessed unsafe working conditions that threaten the health and safety of workers, you should contact the Occupational Safety and Health Administration (OSHA). This agency is responsible for ensuring safe and healthy working conditions for employees. It is always a good idea to consult with an attorney to determine which laws have been broken and which agencies deal with those specific infractions. They can guide you on the exact process for filing a report and ensure that your complaint reaches the right hands.

Contact the agency before filing

Before filing a complaint, it is important to contact the relevant agency to understand the process and gather the necessary information. Here are some key steps to follow when preparing to file a report against a business for breaking labor laws:

• Identify the Agency: Determine the specific agency responsible for handling labor law violations. In the United States, this is often the Department of Labor or the Wage and Hour Division (WHD). Other countries or regions may have different agencies, so it's important to verify this information.
• Understand the Complaint Process: Visit the official website of the identified agency to understand the process of filing a complaint. Look for sections on their website that describe how to file a complaint, what information is needed, and the steps they will take to address the complaint. This will help you understand your rights and the potential outcomes.
• Gather Necessary Information: Before contacting the agency, gather as much relevant information as possible. This includes your personal details such as your address, phone number, and other contact information. Additionally, you will need details about the company, including their name, location, phone number, and the name of the manager or owner.
• Provide Specific Details: Along with general information, provide specific details about your work and any violations you have experienced or observed. This includes the type of work you performed, how and when you were paid, and any other relevant information. For example, copies of pay stubs, personal records of hours worked, or information on your employer's pay practices can be very helpful in supporting your complaint.
• Confidentiality and Protection: It is important to know that your complaint will be handled confidentially by the agency. Your employer cannot legally retaliate against you for filing a complaint or cooperating with an investigation. This protection extends to third-party complainants as well, so you can report violations without fear of repercussions.
• Seek Clarification: If you have any questions or uncertainties about the complaint process, don't hesitate to contact the agency directly. They can provide clarification on the specific information they need, the investigation process, and whether filing a complaint is the best course of action for your particular situation.

Remember, each agency may have specific requirements and processes, so reviewing their guidelines thoroughly before filing any reports or complaints is essential.

File a report

If you have witnessed or experienced illegal workplace activities, you may decide to report your employer to the Department of Labor. This can be a daunting process, so it is recommended that you consult with an experienced whistleblower attorney first. They can advise you on the best course of action and help you collect evidence to support your claim.

It is also important to note that you should not have to go through this process alone. Ask a whistleblower attorney for help to ensure you are on the right track.

Start with your boss:

Some breaches of employment law are unintentional, and management may not be aware of the problem. Inform your supervisor about your concerns and give them time to address the issue.

While you are waiting:

Keep notes on everything related to the issue. Record when you met with supervisors, whom you met with, what was discussed, and how they responded. Also, note whether other employees are reporting the same incident and what the results of those reports are.

Identify the right agency:

The process for filing a report varies depending on the nature of the issue. For example, if your concern is related to family and medical leave, wages, or overtime pay, you would file your complaint with the Labor Department's Wage and Hour Division (WHD). If the issue is regarding unsafe working conditions, you would contact the Occupational Safety and Health Administration (OSHA).

Contact the agency:

Before filing a formal complaint, contact the relevant agency to inquire about the reporting process. Ask if you need to go through a state agency first, as this may be required depending on your issue.

Time is a factor:

Remember that there are time limits for reporting some workplace problems. Don't delay taking action, as time can quickly pass, and you don't want to miss the window for filing a complaint.

Document any retaliation:

If you experience any negative consequences as a result of your attempts to improve the workplace, document everything. Examples of retaliatory behavior include harassment from supervisors, demotion or lateral transfers, unwarranted negative performance evaluations, and more.

File the complaint:

You can typically file your complaint online, by phone, by mail, or in person at your local office. You can choose to remain anonymous when filing your complaint. Provide as much information as possible, including your contact information, the company's name and location, the type of work you do, and how and when you are paid.

Remember, your employer is legally prohibited from retaliating against you for exercising your rights and filing a complaint.

Document any retaliation

Documenting any retaliation you experience after reporting a business for breaking labor laws is crucial for evidence and legal purposes. Here are some detailed steps to guide you through the process:

Keep a Record of Your Experiences:

Begin by documenting all instances of retaliation in a secure, dated, and detailed log. Include specific dates, times, locations, and any witnesses present. Describe the retaliatory actions taken against you, such as dismissal, reassignment, increased supervision, or any other form of adverse treatment. Be as comprehensive as possible, as this record will be valuable if you decide to pursue legal action.

Collect and Preserve Evidence:

Gather and safely store any evidence that supports your claims of retaliation. This can include emails, text messages, voicemails, performance reviews, or any other form of communication or documentation that demonstrates the adverse actions taken against you. Make copies of important documents and, if possible, store the originals in a secure location.

Report the Retaliation to the Appropriate Authorities:

Contact the relevant government agencies, such as the U.S. Department of Labor's Wage and Hour Division (WHD), to report the retaliation. They can provide guidance and assist you in understanding your rights and options for recourse. Keep a record of all communications with these agencies, including dates, names of individuals you speak with, and the substance of your conversations.

Seek Legal Advice:

Consult an employment lawyer or legal aid organization experienced in labor law and retaliation cases. They can advise you on your specific rights, options for legal recourse, and help you understand the strength of your case. They will also guide you on preserving evidence and building a strong case if you decide to take legal action against your employer.

Continue to Document:

Retaliation can be an ongoing process, and it's important to continue documenting any further instances of adverse treatment. Update your records regularly, ensuring that new instances of retaliation are included. This demonstrates a pattern of behavior and strengthens your case if legal action becomes necessary.

Remember, it is your right to be protected from retaliation when reporting labor law violations. No employee should suffer adverse consequences for exercising their rights and reporting unlawful practices. By thoroughly documenting retaliation, you can protect yourself and seek justice.

Seek legal assistance

If you believe your employer has violated your rights under the California Labor Code, it is important to seek legal advice as soon as possible. There are a number of avenues you can take to get legal assistance and support.

Firstly, you can contact a legal organisation that provides free services for workers, such as Legal Aid at Work, which has been assisting working families with low incomes for over 100 years. They offer a range of resources, including fact sheets, guides, and helplines, as well as individualised legal advice and help over the phone or in person. They can help you understand your rights and the steps you can take to address the labor law violations you have experienced or observed.

Additionally, you can reach out to a law firm specialising in employment law, such as Maison Law, which has a team of knowledgeable employment lawyers. They offer free, no-obligation consultations to help you understand your rights and options for pursuing a claim against your employer. They can guide you through the process of filing a complaint or taking legal action to protect your rights and hold your employer accountable.

When seeking legal assistance, it is important to gather as much information as possible, including your address and phone number, the name and location of the company, the type of work you did, and how and when you were paid. It is also helpful to provide any additional information, such as copies of pay stubs and personal records of hours worked. This information will enable the legal professionals to better understand your situation and provide tailored advice and support.

Remember, your employer cannot terminate or discriminate against you for seeking legal assistance or filing a complaint. Your rights as an employee are protected, and there are organisations and legal professionals dedicated to helping you enforce those rights.

Frequently asked questions