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Written by this site from official U.S. sources

If your employer doesn't pay minimum wage or overtime, complain to the Wage and Hour Division at 1-866-487-9243 within two years

  • Moderate value
  • Evidence A
  • Saves money
  • Free
  • Takes some hours
  • No willpower

In plain words

Call the U.S. Labor Department's Wage and Hour Division at 1-866-487-9243. Complaints are confidential, and your employer is not allowed to punish you for complaining. The federal minimum wage is $7.25 an hour, and if your state's is higher, you get the higher one. Under federal law you generally have 2 years to sue for unpaid minimum wage or overtime, or 3 years if the violation was willful. A court can also award an equal extra amount on top of the back pay.

Cost

Free. Collect your pay stubs and a record of the hours you worked first.

What you get

Wage and Hour Division (WHD): to file, "Call 1-866-487-9243". Investigations often start with complaints, "which are confidential": the name of the person complaining, what the complaint is about, and even whether a complaint exists may not be disclosed. "An employer cannot retaliate against a worker for exercising their rights, filing a complaint or cooperating with an investigation." "If back wages are owed to employees, the investigator will request payment of back wages." Federal minimum wage: "$7.25 per hour effective July 24, 2009." Where both state and federal minimum wage laws apply, "the employee is entitled to the higher of the two." Time limit (29 U.S.C. 255): a lawsuit must be started "within two years after the cause of action accrued," but one "arising out of a willful violation may be commenced within three years." Damages (29 U.S.C. 216(b)): an employer who violates the minimum wage or overtime rules is liable for the unpaid wages "and in an additional equal amount as liquidated damages," plus "a reasonable attorney's fee" and costs.

Notes

The 2-year and 3-year limits are for claims under the federal Fair Labor Standards Act, which covers minimum wage and overtime. Many states also have their own wage laws, minimum wages and labor departments that take wage claims, with their own rules and deadlines. Check your state labor department too, and don't wait: each week that passes can push older pay outside the time limit.

Evidence grade
A: Specific numbers from meta-analyses, large cohorts or randomized trials; for law and policy, the statute or official text.
Sources
  1. U.S. Department of Labor, Wage and Hour Division. How to File a Complaint. https://www.dol.gov/agencies/whd/contact/complaints （核对的是 web.archive.org 2026年9月29日的存档）
  2. U.S. Department of Labor, Wage and Hour Division. Fair Labor Standards Act (minimum wage). https://www.dol.gov/agencies/whd/flsa （核对的是 web.archive.org 2026年10月5日的存档）
  3. U.S. Department of Labor. Minimum Wage. https://www.dol.gov/general/topic/wages/minimumwage （核对的是 web.archive.org 2026年10月8日的存档）
  4. 29 U.S. Code § 255 (statute of limitations). https://www.law.cornell.edu/uscode/text/29/255
  5. 29 U.S. Code § 216 (penalties). https://www.law.cornell.edu/uscode/text/29/216

Sources checked 2026-10-12

Replaces in the original

Content may be out of date and rules differ by place. When you actually deal with an agency, a doctor or a court, follow what local officials, doctors and lawyers tell you.