Filing a Department of Labor Complaint in Indiana

The Fair Labor Standards Act (FLSA), 29 U.S.C. § 206 et seq., establishes federal minimum wage, overtime, and record-keeping requirements enforced by the U.S. Department of Labor Wage and Hour Division. The FLSA covers most employees in private employers with at least two employees engaged in interstate commerce, as well as employees of hospitals, schools, and public agencies. The law prohibits unpaid wages, failure to pay overtime at 1.5 times the regular rate for hours over 40 per week, and inadequate record-keeping.

Employees can file complaints alleging violations of the FLSA, including minimum wage violations, unpaid overtime, improper deductions, and misclassification. The Wage and Hour Division investigates these complaints and has authority to recover unpaid wages, liquidated damages (an equal amount), and civil penalties up to $10,000 per violation. The division also enforces the Migrant and Seasonal Agricultural Worker Protection Act (MSAWPA) and the Family and Medical Leave Act (FMLA) in Indiana.

Additionally, the Occupational Safety and Health Administration (OSHA), part of the Department of Labor, enforces workplace safety standards under the OSH Act, 29 U.S.C. § 651 et seq. Employees can file OSHA complaints alleging hazardous conditions, retaliation for safety complaints, and failure to report injuries. The statute of limitations for OSHA complaints is 30 days from the alleged violation.

Indiana does not have a separate state Department of Labor complaint process that parallels federal DOL procedures for wage and hour violations or workplace safety. Instead, Indiana relies on federal enforcement agencies. However, Indiana Code Title 22 establishes the Indiana Department of Labor, which focuses on licensing, occupational regulation, and apprenticeship programs rather than complaint investigation.

For wage and hour complaints (minimum wage, overtime, wage theft), Indiana workers must file with the U.S. Department of Labor Wage and Hour Division, which has a regional office in Indianapolis. Indiana's state wage law, Indiana Code section 22-2-5-2, requires employers to pay at least the federal minimum wage and overtime as defined by the FLSA, creating no stronger state protection—Indiana simply defers to federal standards.

For workplace safety complaints, employees file with the federal OSHA office, which has jurisdiction in Indiana under a federal program (Indiana is not an OSHA state plan state, meaning it does not operate its own state safety program). The Indianapolis OSHA office investigates complaints of hazardous conditions and retaliation for safety complaints.

For discrimination complaints (based on race, color, religion, sex, national origin, age, disability), employees file with the federal EEOC or state Indiana Civil Rights Commission. The two agencies work in tandem under worksharing agreements. Indiana Code section 22-9-1-1 et seq. establishes the Indiana Civil Rights Act, which mirrors Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act (ADEA) but provides no additional protected categories beyond federal law.

The key difference: Indiana has no independent state wage/hour enforcement agency, so all complaints funnel through federal agencies. The Indiana Department of Labor can provide information and referrals but does not itself investigate wage complaints.

The Fair Labor Standards Act contains significant exemptions that limit DOL complaint eligibility. Executive, administrative, and professional employees (often called "white-collar" workers) are exempt from minimum wage and overtime requirements if they earn a salary of at least $684 per week and meet job duties tests under 29 CFR § 541. Outside sales employees, some computer professionals, and certain seasonal and agricultural workers are also exempt.

Employers with fewer than two employees are not covered by the FLSA, though the definition of "employee" under federal law is broad and includes misclassified independent contractors. Indiana has no additional exemptions or carve-outs from federal law.

For OSHA complaints, certain workplaces are excluded: self-employed individuals, farms operated solely by the farmer's immediate family, and some employers in states with their own state safety plans (not applicable in Indiana). Complaints filed outside the 30-day window are generally barred, though the clock may restart if a new violation occurs.

For discrimination complaints, the filing deadline is strict under federal law. Employees cannot file a charge with the EEOC after the deadline has passed, except that in workshops states the deadline may be extended by state law—but Indiana is not a deferral state for purposes of federal age discrimination, so the 180-day federal deadline applies. Federal employees have different complaint procedures and cannot sue directly; they must pursue administrative remedies through the federal agency's Equal Employment Opportunity (EEO) office.

Attempted internal resolution is not required before filing a federal complaint, though it may be prudent. Complaints filed in bad faith or known to be false can result in dismissal and potential sanctions against the filer.

Step 1: Document everything. Keep copies of pay stubs, time records (clock-in/clock-out screenshots, timesheets), communications with your manager about hours or wages, and any written company policies about pay or scheduling. If you believe you are owed unpaid wages or overtime, calculate the hours worked and the amount owed based on your regular rate. For OSHA complaints, photograph or video-record the hazardous condition with date and time stamps, and document any injuries or illnesses that resulted. Write down the names and contact information of witnesses.

Step 2: Report internally if safe to do so. Many employers have a payroll or HR department where you can raise wage concerns in writing. Send an email to document your complaint and the date. Request a response and keep copies. This creates an internal record and sometimes prompts quick resolution. However, this step is not required before filing a federal complaint, and retaliation for complaining is illegal under the FLSA, FMLA, and OSH Act. If you fear retaliation, skip this step and file directly with the agency.

Step 3: File with the appropriate federal agency. For wage and hour violations (unpaid wages, unpaid overtime, minimum wage violations), file with the U.S. Department of Labor Wage and Hour Division at www.dol.gov/agencies/whd or call (317) 226-6801 for the Indianapolis Regional Office. You can file online through the Wage and Hour Division's complaint portal, by mail to the Indianapolis office, or in person. You will need to provide: your name, contact information, employer's name and address, dates of employment, description of the violation (what wages were not paid and when), your job title, and the wages or overtime you believe you are owed. Include copies of pay stubs and time records if available. For OSHA complaints, file at www.osha.gov or call the Indianapolis OSHA Area Office at (317) 226-7290. Describe the hazard or unsafe condition, when you discovered it, and how it violates OSHA standards. For discrimination complaints, file with the EEOC at www.eeoc.gov or the Indianapolis EEOC Field Office at (317) 226-7212.

Step 4: Expect the investigation to begin within 5 to 10 business days. The Wage and Hour Division will assign an investigator who will contact your employer, request payroll records, time records, and business documents, and may interview you and witnesses. The investigation typically takes 30 to 60 days, though complex cases may take longer. The investigator will determine whether a violation occurred and calculate unpaid wages and damages. You will be notified of the outcome. If the employer owes you money, the division will attempt to recover it. If the employer refuses, the division may refer the case to the Department of Justice for litigation. OSHA investigations follow a similar timeline; the agency issues citations and proposes penalties if violations are found, and the employer has the right to contest the citation.

Step 5: Consult an employment attorney if the case is complex, the amount owed is substantial (over $5,000), or your employer retaliates against you. Many employment attorneys handle wage cases on a contingency basis, meaning they take a percentage of the recovery rather than an upfront fee. An attorney can ensure you understand your rights, help calculate damages, negotiate with your employer or the DOL, and represent you in court if necessary. Contact the Indiana State Bar Association's lawyer referral service or search online for employment attorneys licensed in Indiana with experience in wage and hour or discrimination law.