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How to File a Labor Complaint
Employees who feel that their employer has made an illegal payroll deduction have several options open to them. One option is to file a complaint with the Department of Labor (DOL).
Your first stop should be to consult with a lawyer. An experienced employment attorney can tell you if your employer has in fact made an illegal payroll deduction, since many deductions are perfectly legal. Also, employment laws vary at the federal and state level. Your lawyer can advise you whether you should file your complaint with the state or U.S. Department of Labor.
Once you have established that you have a valid claim, you need to go to the “Wage and Hour Division” office of the Department of Labor in your area. Locations of these offices can be found on the Department of Labor’s website. There, you will be able to request the appropriate forms and file your complaint.
It is important that you file your complaint as soon as possible. Federal law gives only 2 or 3 years (depending on the circumstances) from the date of the payroll deduction to conclude the inquiry. You want to give the Department of Labor as much time as possible to properly investigate your complaint.
Finally, many people do not file complaints because they are afraid of retaliation from their employer. However, federal law prohibits your employer from retaliating against you for objecting to a paycheck deduction, even if you turn out to be wrong. If your employer does try to “get back” at you, you can file a retaliation claim with the Department of Labor.
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