How and Where to File a Wage Complaint
The following complaints should be filed with the United States Department of Labor:
- Government or Instrumentality of Government
- Minimum wage
- Overtime
- Wages that include overtime
- Wages involving tips
Complaints involving the following, must be filed with the US Department of Labor
- Davis Bacon Act
- Family Medical Leave Act
- Employee Retirement Income Security Act
You may contact the US Department of Labor at 866-487-9243 or https://www.dol.gov/agencies/whd/contact/complaints.
NCDOL - Wage and Hour Bureau
If you have a wage complaint that violates the NC Wage and Hour Act to include a claim of unpaid wages (excluding overtime), final paycheck, vacation, unauthorized deductions, reduction in pay, failure to provide paycheck stubs you may file with the NC Department of Labor - Wage and Hour Bureau, if the work was performed in North Carolina. Our bureau cannot investigate work performed outside of North Carolina.
Information needed to file an Online Wage Complaint
In order for the N.C. Department of Labor’s Wage and Hour Bureau to assist an employee with a wage dispute, a complaint must be filed with this office. Complaints are filed online. To better serve you, we ask that you have the following information available:
• Your name
• Your address, phone number (if cell phone we need your cell phone carrier)
• Your email address
• Your date of birth
• Your Job description or Title
• Name of the Employer/Company where you work(ed)
• Employer’s Physical address (i.e. business location) (cannot accept P.O. Boxes)
• Employer’s contact information such as: phone number, email, or fax
• First and last name of the contact person we need to speak with in regards to your wages (i.e. owner, manager or supervisor)
• Business Nature (i.e. law office, home health care, restaurant, etc.)
• Rate of Pay (i.e. $7.25 per hour, 25% commission)
• Total amount you claim is owed to you by your employer
• Pay periods you worked but didn't receive payment
• Date(s) you should have been paid
• Beginning date of employment
• Ending date of employment
Due to the high volume of complaints, our office will not accept complaints for wages due more than one year ago.
Your name and contact information are required if you are filing a complaint for wages. Please be advised that we are unable to accept third party complaints for wages (i.e. girlfriend or wife filing for boyfriend or husband). Our Call‐Center is open from 8:00 a.m. to 4:45 p.m., Monday thru Friday.
Anonymous complaints can only be filed in the following circumstances:
An employee may also take legal action on their own, including filing their action in civil court, if applicable, without first having to file a wage complaint with this office. However, if an employee files a complaint with our bureau and cancels the complaint, our office does not reinvestigate claims that have been cancelled, for the same period. Also, if the complainant elects to take their own legal action in civil court, our bureau will not investigate a claim that has been filed in court, as filing in court supersedes our investigative process. Our investigative outcome does not preclude a complainant from filing their claim in court, after our investigation concludes. The complainant can still pursue the wages in court.
We do not take wage complaints for less than $50.00.
If your wage complaint deals with your last paycheck, you must wait 10 days after the payday in order to file a wage complaint with this office.
For more information about workplace rights, please contact our toll free number at 1-800-NC-LABOR (800-625-2267).