You were frustrated when your employer continued to fail to pay you minimum wage. They tried to explain that you had expenses coming out of your check, but you didn’t approve any. You have spent nothing and done everything you were supposed to. It’s been weeks, and you’re still not seeing the compensation you expected. This could be a violation of the Fair Labor Standards Act.

Who investigates violations of the Fair Labor Standards Act?

Usually, it is the Wage and Hour Division that will conduct any necessary investigations. Many of the cases that end up being investigated are investigated because of complaints that were made. If you plan to make a complaint, you should know that they are made confidentially, and your name and the nature of the complaint won’t be revealed to your employer. The only time that won’t be the case is if you intend to pursue an allegation against your company; in that case, your name and identity may be revealed. 

What happens during an investigation of the Fair Labor Standards Act?

The steps of an investigation include:

  1. A conference between the Wage and Hour representatives as well as the representative or representatives for the business
  2. The investigation of records kept by the business
  3. A review of payroll and time records are reviewed
  4. Interviews with specific employees

After all this is done and the Wage and Hour representative feels that the fact-finding steps are complete, they’ll let the employer know if there have been any violations. If so, they will be told how to correct them. Your employer will be asked to pay back wages if they are owed.

If you receive your back wages, then you will not be able to file a lawsuit. However, if you don’t receive them, then you will be able to pursue a claim on your own.