I complained about my pay and now my manager is cutting my shifts. Is that allowed?
The short answer
What to write down
If you think your hours were cut because you spoke up, a simple timeline helps whoever looks at it. For example (illustrative):
| Date | What happened | Proof you have |
|---|---|---|
| Aug 4–31 | Scheduled 5 dinner shifts a week | Schedule screenshots |
| Sept 2 | Texted the GM that my card tips were short on my Aug 29 check | The text |
| Sept 8 | Cut to 2 lunch shifts; nobody said why | New schedule |
| Sept 10 | Asked the GM by text why my shifts changed | The text and any reply |
Example text
“Hi Dana, I noticed I’m down to 2 lunch shifts starting Sept 8, from 5 dinners before. Can you tell me why my schedule changed? Thanks.”
Not tax or legal advice. Names and dates are made up. Keep copies somewhere other than a work device.
Plain English
What the law says
Section 15(a)(3) of the Fair Labor Standards Act makes it a violation for any person to “discharge or in any other manner discriminate against any employee” because the employee filed a complaint, started a proceeding under the law, or testified or is about to testify in one.
DOL’s fact sheet says you’re protected whether the complaint was made out loud or in writing. Complaints to DOL’s Wage and Hour Division are protected, and DOL says most courts have ruled that complaints made inside the company, to your employer, are protected too.
Who it covers
DOL says the protection applies to all employees of an employer, even where the job isn’t otherwise covered by federal wage law. It also protects you from retaliation by a former employer.
What you can do
DOL says a worker who was fired or otherwise discriminated against for, for example, filing a complaint or cooperating in an investigation can file a retaliation complaint with the Wage and Hour Division or bring a private lawsuit. The remedies DOL lists include getting the job back, lost wages, and an additional equal amount as liquidated damages.
DOL says complaints are confidential: the name of the person who complained, what the complaint is about, and whether a complaint exists may not be disclosed.
Other federal protections
Other federal laws have their own retaliation rules. EEOC says the anti-discrimination laws it enforces bar retaliation for filing a discrimination charge or opposing discrimination. The Family and Medical Leave Act bars punishing someone for using FMLA leave. Your state may add more protection; DOL keeps a list of state labor offices.
Where to ask
DOL’s Wage and Hour Division takes calls at 1-866-487-9243. See How to file a complaint and Is my manager allowed to do that?
Common mistakes
- Complaining only out loud and keeping no dated note of when and to whom.
- Not saving the schedule from before the complaint, so there’s nothing to compare.
- Assuming a complaint to your manager doesn’t count because it didn’t go to the government.
- Keeping your only copies on a work tablet or a work account.
Official sources
- U.S. Department of Labor, Fact Sheet #77A: Prohibiting Retaliation Under the FLSAdol.gov
- U.S. Department of Labor, Wage and Hour Division: How to File a Complaintdol.gov
- U.S. Equal Employment Opportunity Commission: Harassment (retaliation under the laws EEOC enforces)eeoc.gov
- U.S. Department of Labor, Fact Sheet #28: The Family and Medical Leave Actdol.gov
Last verified:
Checked DOL Fact Sheet #77A (December 2011), DOL’s complaint page, EEOC’s harassment page, and DOL Fact Sheet #28 (revised March 2025).
Still open: DOL says most courts, not all, treat complaints made only to your employer as protected. Whether a given schedule change is retaliation depends on the facts.