If you believe that your employer has made an illegal payroll deduction from your paycheck, you can consider filing a complaint with the U.S. Department of Labor. Before doing so, however, you should consult with a lawyer.
An experienced employment attorney can tell you if your employer has in fact made an illegal payroll deduction. Keep in mind that many deductions are perfectly legal.
Once you know that your claim is valid, 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 two or three 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.
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 or contact an employment attorney for more options.
Last Modified: 03-22-2018 08:14 PM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.