Department of Labor urges restaurant workers to report wage theft confidentially

A missing hour here, a cut tip share there, and suddenly a dinner shift does not add up. The Labor Department’s Wage and Hour Division says restaurant workers who suspect unpaid overtime, off-the-clock work, tip-pooling abuse, or other wage theft can start with a confidential complaint, and that filing can lead to a federal investigation.

The agency says there is no charge to file a complaint or for WHD to investigate. Workers can call the toll-free helpline at 1-866-4-USWAGE, or 1-866-487-9243, Monday through Friday from 8:00 a.m. to 4:30 p.m. local time. WHD says it can handle calls confidentially in more than 200 languages and enforces the law regardless of immigration status. It also says there are more than 200 local offices across the country with trained professionals.

Before filing, the department asks workers to gather details because the more information it has, the better it can address the problem. In a restaurant, that usually means schedules, pay stubs, time cards, tip records, texts from a manager, and notes about any off-the-clock cleaning, prep, side work, or split shifts that were never paid. The agency says investigators may interview employees privately, review records, and then hold a final conference with the employer. If back wages are owed, WHD can request payment.

For restaurant workers, the rules behind the complaint matter as much as the complaint itself. The Fair Labor Standards Act generally requires overtime pay at time and one-half for hours over 40 in a workweek. WHD says a tipped employee is someone who customarily and regularly receives more than $30 a month in tips, and federal law generally permits a cash wage of $2.13 an hour only if tips plus direct wages make up the federal minimum wage. WHD’s Restaurant Employment Toolkit says many restaurant workers are covered by those wage and hour protections.

The federal attention is not theoretical. In May 2022, the Labor Department said WHD found violations in nearly 85 percent of restaurant investigations in fiscal year 2021. That same year, WHD recovered more than $34.7 million for more than 29,000 food service workers. In fiscal year 2023, the agency said it recovered more than $29.6 million in back wages for nearly 26,000 food service workers and assessed $6.1 million in penalties.

The department has also made clear that retaliation is forbidden. A 2022 federal court case in North Conway, New Hampshire, barred retaliation against employees who filed complaints or cooperated with WHD, and a 2023 case tied to a Somerville, Massachusetts restaurant alleged threats against a worker who sought unpaid overtime and pressure on others to give false information. For restaurant workers watching their checks, the message is blunt: the law is built to hear the complaint, and to punish employers who try to silence it.