19. Who enforces the law?
The FLSA is enforced by the Wage-Hour Division
of the U.S. Department of Labor
. The Wage-Hour Division (WHD) uses investigators stationed across the U.S., who conduct investigations and gather data on wages, hours, and other employment conditions or practices, to determine whether an employer is following the law. The Wage and Hour Division can compel the attendance of witnesses at hearings and may also require an employer to make records available to the Wage-Hour Administrator. If they find violations, they may recommend changes in employment practices to bring an employer into compliance.
It is a violation to fire or in any other manner discriminate against an employee for filing a complaint or for participating in a legal proceeding under FLSA.
Willful violations may be prosecuted criminally and the violator fined up to $10,000. A second conviction may result in imprisonment. Employers who willfully or repeatedly violate the minimum wage requirements are subject to a penalty of up to $1,000 for each violation.
The FLSA makes it illegal to ship goods in interstate commerce which were produced in violation of the minimum wage, overtime pay, child labor, or special minimum wage provisions.
To contact the Wage-Hour Division for further information or to report a potential FLSA minimum wage violation, call:
Toll-Free: (866) 4USWAGE (866-487-9243)
TTY: (877) 889-5627 (available Monday-Friday 8 a.m. to 5 p.m. Eastern Time)
You may also contact your local WHD office.
If you need information about your state's minimum wage law or wish to report a potential state minimum wage violation, you can contact the agency in your state that handles wage and hour/labor standards violations, listed on our site's state government agencies page.