EEOC Claim

Why go through the Department of Labor?

You may go to the Department of Labor (DOL) to file a complaint or seek assistance in a wage and hour dispute with their employer. Here are some common reasons someone might go to the DOL:

1. Unpaid wages: If an employer has failed to pay an employee the wages they are owed, including minimum wage, overtime pay, or earned commissions, the employee can file a complaint with the DOL to seek payment.

2. Misclassification: If an employer has misclassified an employee as exempt from overtime pay or as an independent contractor, the employee can file a complaint with the DOL to seek reclassification and payment of owed wages.

3. Hours worked: If an employer has failed to properly track an employee's hours worked, including break and meal periods, or has required off-the-clock work, the employee can file a complaint with the DOL to seek payment for the time worked.

4. Retaliation: If an employee has been retaliated against for complaining about wage and hour violations, they can file a complaint with the DOL to seek protection and remedies.

5. FMLA violations: If an employer has violated an employee's rights under the Family and Medical Leave Act (FMLA), such as by denying leave or retaliating against the employee for taking leave, the employee can file a complaint with the DOL to seek protection and remedies.

What is the process for filing a DOL complaint? 

It's important to note that the process for filing a complaint with the DOL can vary depending on the specific issue and the state in which the employee is employed. An experienced employment law attorney can help guide someone through the DOL process and protect their rights.

To start an administrative action with the Department of Labor (DOL), you generally need to follow these steps:

1. Determine which DOL agency has jurisdiction: The DOL has several different agencies that handle different types of employment-related issues, including the Wage and Hour Division, the Occupational Safety and Health Administration (OSHA), the Office of Federal Contract Compliance Programs (OFCCP), and others. You will need to determine which agency has jurisdiction over your particular issue.

2. File a complaint or claim: Once you have determined the appropriate agency, you will need to file a complaint or claim with that agency. The process for filing a complaint or claim will depend on the specific agency and the type of issue you are addressing. In general, you will need to provide information about your employer, the alleged violation(s) of the law, and any supporting documentation or evidence.

3. Participate in the investigation: After you file a complaint or claim, the DOL will typically conduct an investigation into the allegations. This may involve requesting information or documents from you and your employer, conducting interviews, and performing on-site inspections. You may be asked to provide additional information or evidence to support your claim.

4. Negotiate a resolution: If the investigation finds evidence of a violation, the DOL may attempt to negotiate a resolution with your employer. This could involve, for example, requiring your employer to pay back wages or provide other forms of relief.

5. Request a hearing or review: If the DOL is unable to reach a resolution with your employer, or if you are not satisfied with the resolution, you may have the right to request a hearing or review of the decision. The specific procedures for requesting a hearing or review will depend on the agency and the type of issue.

It is important to note that the process for starting an administrative action with the DOL can be complex and time-consuming. If you are considering filing a complaint or claim with the DOL, you may want to consult with an experienced employment law attorney who can help guide you through the process and protect your rights.

What kind of remedies are available through the DOL?

The Department of Labor (DOL) offers a variety of remedies for wage and hour violations. The specific remedies available depend on the nature and severity of the violation. Here are some examples of remedies the DOL may seek or provide:

1. Back pay: This is the most common remedy in wage and hour cases. Back pay is the amount of wages the employee is owed for work performed but not properly paid by the employer.

2. Liquidated damages: In some cases, the DOL may seek to recover liquidated damages, which are an additional amount equal to the back pay owed. Liquidated damages are meant to compensate the employee for the delay in receiving their wages.

3. Reinstatement or front pay: If an employee has been wrongfully terminated, the DOL may seek reinstatement of the employee to their former position or provide front pay, which is pay for the amount of time it takes to find comparable employment.

4. Civil penalties: The DOL may assess civil penalties against employers who violate wage and hour laws. These penalties can range from a few hundred dollars to several thousand dollars per violation.

5. Injunctions: In some cases, the DOL may seek an injunction, which is a court order requiring the employer to comply with wage and hour laws in the future.

6. Other relief: Depending on the specific circumstances of the case, the DOL may seek other relief, such as a change in the employer's policies or practices or additional training for the employer or employees.

It's important to note that the remedies available through the DOL can vary depending on the specific issue and the state in which the employee is employed. Olsen Law Offices, APC are experienced employment law attorneys and can help guide someone through the DOL process and seek the appropriate remedies for their case.

Can I get attorneys fees through the Department of Labor?

It is possible to be awarded attorney's fees in a Department of Labor (DOL) case, but it is not guaranteed. The Fair Labor Standards Act (FLSA), which is the primary federal law governing wage and hour issues, allows for the recovery of attorney's fees and costs by a prevailing plaintiff. This means that if an employee prevails in their DOL complaint, they may be entitled to recover the reasonable attorney's fees and costs incurred in pursuing the case.

However, in order to recover attorney's fees, the employee must prevail in their case. This means that they must either win a judgment in court or settle the case in their favor. Additionally, even if the employee prevails, the amount of attorney's fees they can recover may be limited by the court.

It's important to note that the process for recovering attorney's fees in a DOL case can be complex and time-consuming. Olsen Law Offices, APC can help guide youthrough the DOL process and advise you on the likelihood of recovering attorney's fees in their specific case.