How to File a Complaint With the Department of Labor—And Win
July 18, 2025
Understanding Your Rights in the Workplace
In New York City, workers are entitled to fair pay, safe conditions, and protection from retaliation. When employers violate labor laws—whether by withholding wages, enforcing illegal work hours, or failing to provide proper breaks—workers have a right to take action. One of the most effective ways to seek justice is by filing a complaint with the U.S. Department of Labor (DOL) or the New York State Department of Labor (NYSDOL).
At LAWYERFORWORKERS, we assist employees in navigating this process and help them maximize their chances of success.
Keep copies of everything you submit.
Once your complaint is submitted, the DOL may:
If successful, you could recover back pay, damages, reinstatement, or other remedies.
Filing a complaint is just the start. At LAWYERFORWORKERS, we help New Yorkers:
We know how to fight for the rights of NYC workers—and help them win.
Step-by-Step: How to File a Labor Complaint
1. Identify the Violation
Before filing, determine the type of labor law violation. Common issues include:- Unpaid wages or overtime
- Misclassification (e.g., being treated as an independent contractor)
- Unsafe work conditions
- Discrimination or retaliation
2. Choose the Right Agency
- Federal Violations : File with the U.S. Department of Labor’s Wage and Hour Division (WHD) for violations of federal law (e.g., FLSA).
- New York Violations : For state-level violations, file with the New York State Department of Labor (especially for wage theft or state-specific hour laws).
3. Complete the Complaint Form
Be specific. Include your employer’s name and contact info, your work history, details of the violation, and any documents supporting your claim.4. Submit Your Complaint
- Federal : Use the WHD’s online complaint system or submit Form WH-3.
- State : Use the NYSDOL’s LS 223 form or submit via their online system.
Keep copies of everything you submit.
Tips to Strengthen Your Case
- Stay Organized : Keep a detailed timeline and all related documents.
- Stay Silent (Strategically) : Avoid discussing your complaint with coworkers or managers to reduce the risk of retaliation.
- Act Quickly : Time limits may apply—some violations must be reported within 2–3 years.
- Don’t Quit (if possible): Staying employed (unless the situation is dangerous) can improve your leverage during investigations.
What Happens After You File?
Once your complaint is submitted, the DOL may:
- Launch an investigation
- Subpoena records
- Interview you and your coworkers
- Negotiate a settlement or pursue litigation
If successful, you could recover back pay, damages, reinstatement, or other remedies.
How LAWYERFORWORKERS Can Help
Filing a complaint is just the start. At LAWYERFORWORKERS, we help New Yorkers:
- Draft and submit strong complaints
- Collect and organize evidence
- Respond to DOL inquiries
- Pursue additional legal action if necessary
We know how to fight for the rights of NYC workers—and help them win.
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