Filing a Department of Labor Complaint in Texas

The Fair Labor Standards Act (29 U.S.C. § 206 et seq.) sets the federal baseline for wage and hour complaints. It establishes the federal minimum wage of $7.25 per hour, requires overtime pay at 1.5 times the regular rate for hours over 40 per week, and mandates proper wage payment. The FLSA applies to employers with annual gross revenues of at least $500,000 or engaged in interstate commerce. The U.S. Department of Labor Wage and Hour Division enforces the FLSA and investigates complaints at no cost to the employee.

Occupational Safety and Health Act (OSHA, 29 U.S.C. § 660) requires employers to provide safe working conditions free from recognized hazards. OSHA complaints must be filed within 30 days of the violation. The Occupational Safety and Health Administration investigates safety complaints and can impose penalties on violators. Whistleblower protections under 22 federal statutes (including the FLSA, OSHA, and others) protect employees from retaliation for reporting violations. These federal protections apply nationwide and cover most private sector employers.

The statute of limitations for wage and hour complaints is 2 years from the violation (3 years if the employer's conduct was willful). Remedies include back pay, liquidated damages equal to back pay, and attorney fees. No employee needs to file with a state agency first to pursue federal claims; federal complaints take priority.

Texas does not have a state-specific Department of Labor with independent enforcement authority like many other states. Instead, Texas relies primarily on federal DOL enforcement under the Fair Labor Standards Act and OSHA. However, the Texas Workforce Commission (TWC) has limited jurisdiction over state labor standards issues, including unemployment insurance disputes, child labor violations, and occupational licensing matters.

Under Texas Labor Code § 21.001 et seq., the TWC can investigate complaints related to child labor (minimum age requirements, hour restrictions for minors, hazardous work prohibitions). Texas state law does not establish a state minimum wage above the federal $7.25 per hour, nor does it require a state-specific overtime threshold. Texas employers must comply with federal FLSA standards; there is no stronger state wage law in Texas.

For workplace safety, Texas is a federal OSHA state, meaning federal OSHA (not a state plan) enforces safety standards. OSHA-related complaints in Texas are handled by federal OSHA, part of the U.S. Department of Labor. Whistleblower complaints involving Texas employers are filed with the federal DOL's Whistleblower Protection Program, not a state agency.

The Texas Workforce Commission does handle unemployment insurance benefit disputes and wage complaint investigations for issues not covered by federal law. However, most employment law complaints in Texas—wage and hour, safety, whistleblower—follow federal procedures and timelines. Employees should file with federal DOL agencies for nearly all standard employment complaints.

The Fair Labor Standards Act excludes certain categories of employees from overtime and minimum wage protections, including bona fide executive, administrative, and professional employees (the "white collar" exemptions), outside sales employees, and certain agricultural workers. An employee classified as independent contractor is not covered by FLSA protections, though misclassification is a common DOL enforcement issue. Railroad employees are covered by a separate federal statute (Railroad Labor Act) and do not fall under FLSA or OSHA.

Small employers with annual revenues below $500,000 and no interstate commerce connection may not be covered by the FLSA, though such employers are rare. Domestic service workers employed in private homes have limited OSHA protections and may not be covered by all FLSA provisions.

OSHA complaints require that the hazard present an imminent danger or serious risk to safety. Minor violations or complaints about conditions that do not rise to the level of a recognized hazard may not result in OSHA action. Employees cannot sue an employer directly under OSHA for violations; OSHA must investigate and employers are subject to civil penalties, not damages awarded to the employee.

Whistleblower protections do not apply to complaints made after the employee has been terminated for unrelated reasons, if the complaint is not made in good faith, or if the employee engaged in criminal conduct. At-will employment remains the default rule in Texas; termination is lawful even if the reason is wrong or unkind, provided it is not retaliatory and not based on a protected characteristic.

Statute of limitations bar recovery beyond 2 years (or 3 years for willful FLSA violations), meaning wages owed more than 2 years in the past cannot be recovered except in limited circumstances.

Step 1: Document the Violation. Keep detailed records of all wage-related issues: dates and times worked (especially unpaid overtime), pay stubs, written communications from management about pay, text messages or emails discussing wage deductions or non-payment, and any safety hazards observed. Take photographs or videos of unsafe conditions if applicable. Write down the names, titles, and contact information of witnesses who can corroborate the violation. Store copies in a personal email or cloud storage account separate from your work computer.

Step 2: Report Internally (Optional but Recommended). Contact your employer's HR department or manager in writing (email is best for documentation) and describe the wage or safety violation clearly. State what happened, when it happened, and what the employer's policy requires. Keep a copy of your internal complaint. This step is not required to file a DOL complaint, but it creates a record that you raised the issue before escalating to government enforcement. If the employer retaliates against you for this internal complaint, that retaliation itself becomes a violation and strengthens your DOL case.

Step 3: File the DOL Complaint. For wage and hour violations (unpaid overtime, minimum wage, improper deductions), file with the U.S. Department of Labor Wage and Hour Division. File online at sam.gov/fal (Fairness and Accountability in Labor), call 1-866-4-USDOL (1-866-487-8365) toll-free Monday–Friday 8 a.m. to 5 p.m. Central Time, or mail a written complaint to the nearest Wage and Hour Division office in Texas (Dallas, Houston, Austin, or San Antonio—contact information available at dol.gov/agencies/whd/contact-us). Provide your name, contact information, employer name and address, date range of the violation, description of what the employer did wrong, and the amount of wages allegedly owed. No filing fee is required.

For workplace safety violations, file an OSHA complaint with the federal OSHA office covering your region at 1-800-321-OSHA (6742) or online at osha.gov/workers/file-complaint. You have 30 days from the date of the violation or discovery of the hazard. Describe the hazard, the employer, the date of the incident, and any injuries or near-misses. OSHA will keep your identity confidential if you request it.

For whistleblower retaliation (fired or disciplined for reporting violations), file with the DOL Whistleblower Protection Program at 1-866-4-USDOL or submit the form online at dol.gov/agencies/oasam/centers/center-workers-rights/whistleblower. Identify the employer, the protected activity you engaged in (e.g., reporting safety hazards), the date of the adverse action, and how the employer retaliated. Whistleblower complaints have specific deadlines (30 to 180 days depending on the statute).

Step 4: DOL Investigation Process. After you file, the Wage and Hour Division will contact the employer to investigate. The investigator will request employment records, payroll documents, time records, and may conduct interviews with you and coworkers. The process typically takes 60 to 180 days, though complex cases may take longer. You do not have to attend an in-person meeting; most investigation communication occurs by phone or email. The DOL will inform you of the outcome: if violations are found, the employer is required to pay back wages and penalties. If no violations are found, you will be notified of the determination.

Step 5: Consulting an Attorney. If the DOL investigation is slow or the employer is uncooperative, or if you face retaliation after filing, consult an employment attorney. Many employment attorneys work on contingency (no upfront cost) for wage and hour claims. If your case goes to litigation and you win, the employer must pay your attorney fees under the FLSA. An attorney can also file a private lawsuit on your behalf if the DOL process stalls or if you prefer faster resolution. Contact the State Bar of Texas (512-427-1463) for referrals to employment law specialists in your area.