How restaurant workers can file federal wage and tip complaints

Restaurant employees who suspect wage theft, tip-credit misuse, misclassification or unpaid overtime can bring complaints to the U.S. Department of Labor’s Wage and Hour Division, which provides the official federal process and tools for enforcement. Filing triggers a federal avenue for recovery and gives workers confidentiality protections and anti-retaliation safeguards.

There are three main filing routes. Workers can submit an online complaint form, call the toll-free helpline at 1-866-4US-WAGE (1-866-487-9243), or visit a local WHD office in person. The agency’s complaint system is set up to accept allegations about minimum wage violations, overtime, tip-related disputes, unpaid back pay and misclassification as independent contractors or salaried exempt employees.

Preparation matters. When filing, gather employer name and contact details, a clear description of your duties and schedule, and any pay and time records you have such as paystubs, schedules, notes or tip records. Estimate dates and amounts owed and note managers’ names if possible. Detailed documentation speeds investigation and improves the likelihood of recovering unpaid wages.

The division treats complaints confidentially and bars retaliation for filing. Workers who face discipline, firing, scheduling changes or other adverse treatment after submitting a complaint may have separate protections and should report those actions as part of their case. The WHD can investigate allegations, recover back pay and liquidated damages where appropriate, and refer matters for litigation if necessary.

Wage-and-hour issues common in restaurants include improper use of the tip credit, disputed tip pools and off-the-clock work that produces unpaid overtime. Misclassification of cooks, dishwashers or front-of-house employees as independent contractors remains a frequent complaint, as does failure to pay for split shifts or required breaks. The WHD maintains fact sheets that clarify federal rules on tips, tip credits and exempt versus nonexempt status, which can help workers and managers understand legal obligations.

The agency also offers searchable tools such as the Workers Owed Wages (WOW) search and a local office contact lookup to help employees find regional WHD offices and monitor outcomes. Using these resources can turn scattered pay records into a coherent case that an investigator can pursue.

For restaurant staff weighing whether to file, practical next steps are to collect paystubs, schedules and any tip records, write a timeline of disputed pay, and call the helpline or file online. Federal enforcement can recover back pay and change employer practices, so filing is a direct way for servers, bartenders and back-of-house workers to enforce protections and push for fair pay.