My restaurant is taking our tips or shorting our pay. How do I report it to the Department of Labor?

Step by step

1. 1Write down what happened. Dates, amounts, and who was involved. For example: “Since June, the manager takes $20 from the tip pool every Friday.”
2. 2Gather what DOL asks for. Your name, address, and phone number; the company’s name, location, and phone number; your manager’s or owner’s name; the type of work you did; and how and when you were paid (for example, “card tips on a paycheck every other Friday”).
3. 3Add anything that shows your pay. DOL says copies of pay stubs, your own records of hours worked, or other information on your employer’s pay practices are helpful. Your own dated tip log counts.
4. 4Call 1-866-487-9243. DOL will answer your questions and decide with you whether an investigation is the best course. You can also send general questions online. DOL says it can talk with callers in more than 200 languages.
5. 5If DOL investigates, it usually holds an opening conference with the employer, interviews employees privately, reviews the employer’s records, and ends with a conference about any violations and back wages owed.

Don’t have everything? DOL says to give what you can. It also offers free recordkeeping handbooks and a free timesheet app.

Not tax or legal advice. The example details are made up. This covers the federal process; your state labor office runs its own.

Plain English

What DOL’s Wage and Hour Division handles

The Wage and Hour Division enforces the federal Fair Labor Standards Act: minimum wage, overtime, recordkeeping, and the tip rules. That covers an employer or manager keeping tips, a manager taking from the tip pool, card fees above the actual fee, paying $2.13 without your tips reaching $7.25, off-the-clock work, and illegal deductions. DOL says it generally can’t help you recover vacation pay or other benefits, because the FLSA doesn’t require vacation, sick pay, meal or rest breaks, or raises.

Is it anonymous?

Not quite, but it is confidential. DOL asks for your name and contact information. It says all complaints are confidential and that the name of the person who complained and the nature of the complaint aren’t disclosed. It lists narrow exceptions, such as when disclosure is necessary and you agree, or when a court orders it. DOL also says investigators don’t have to announce an investigation in advance, and that it doesn’t typically disclose the reason for one.

Can they fire me for reporting?

Federal law makes it illegal to fire you or “in any other manner discriminate against” you because you filed a complaint or took part in a proceeding under the Act (29 U.S.C. 215(a)(3)). DOL says this covers complaints made out loud or in writing, including complaints made to your employer, not just to DOL. If it happens, you or the Secretary of Labor can sue for relief, including getting your job back, lost wages, and an equal amount in damages. You can report retaliation to the same phone number. See Can my manager cut my hours for complaining?

Deadlines

DOL says the FLSA has a two-year statute of limitations for back wages, and three years for willful violations. It tells workers to file as soon as possible. Each week you wait can put your oldest missing pay past the limit.

DOL, a lawyer, or your state?

• DOL is free. It can supervise payment of back wages, sue for back wages plus an equal amount in damages, and assess penalties.
• A private lawsuit is also allowed. DOL says you can sue for back pay, an equal amount in liquidated damages, attorney’s fees, and court costs. You generally can’t sue for the same wages once you’ve accepted back pay under DOL’s supervision, or after DOL has filed suit.
• Your state labor office enforces your state’s wage laws, which may protect you more. DOL says many state agencies share referrals and coordinate with it. Find yours on DOL’s list of state labor offices.

Harassment or discrimination

That goes to the U.S. Equal Employment Opportunity Commission, not the Wage and Hour Division. See Can my manager let customers harass me?