CashoutGlossary / Department of Labor (DOL)
Department of Labor (DOL)
The federal agency whose Wage and Hour Division enforces the FLSA and takes confidential complaints about unpaid wages, overtime and tips.
The U.S. Department of Labor is the federal agency for workplace law. For tipped workers the part that matters is its Wage and Hour Division (WHD), which enforces the Fair Labor Standards Act: the minimum wage, overtime, the tip credit, and the rule that employers and managers can't keep your tips.
How to use it:
- File a complaint: call the Wage and Hour Division at 1-866-487-9243. The DOL says complaints are confidential.
- Retaliation: the DOL says an employer can't retaliate against a worker for exercising their rights, and employees who file complaints can't be fired for it.
- Look for money owed: if WHD recovered back wages for you but couldn't find you, search its Workers Owed Wages tool. WHD holds the money for three years, then must send it to the U.S. Treasury.
The DOL also publishes plain guidance. Fact Sheet #15, on tipped employees, is the clearest summary of the federal tip rules.
The DOL is not your state labor department. Your state agency enforces the state minimum wage, which is often higher than the federal $7.25, and state rules such as breaks. If your state's law pays you more, a state wage claim may get you more. Your state's tipped minimum wage page lists where to file. Taxes are separate too: tip reporting and W-2 questions go to the IRS, not the DOL.
Related terms
Fair Labor Standards Act (FLSA) · Wage theft · Overtime · Tip credit · 80/20 rule
