Who to Contact for Employee Rights: A Practical Guide for Handling Workplace Complaints (SwiftSDS)

When someone asks, “who to contact for employee rights,” they usually need a clear path for handling employee complaints—whether it’s unpaid wages, discrimination, retaliation, safety issues, or other unfair working conditions. This SwiftSDS guide lays out the most common federal agencies, when labor court is involved, and how to respond as an employer—plus the posting and documentation steps that often determine whether a workers report becomes a larger compliance issue.

Start Here: Identify the Issue Before Choosing the Contact

Different laws assign enforcement to different agencies. Before you advise an employee (or respond as an HR leader), classify the complaint:

• Pay, overtime, misclassification, child labor → Fair Labor Standards Act (FLSA)
• Workplace safety hazards → OSHA (Occupational Safety and Health Act)
• Discrimination/harassment/retaliation → EEO laws enforced by the EEOC (and state agencies)
• Union activity / protected concerted activity → National Labor Relations Act (NLRA), enforced by NLRB
• Leave rights → Family and Medical Leave Act (FMLA) enforced by the U.S. Department of Labor (DOL)
• Government contracts → OFCCP (affirmative action and nondiscrimination obligations)

For a quick refresher on the underlying protections, see SwiftSDS’s overview of the 5 rights of workers and the broader employment legislation list for the key federal statutes behind common work complaints.

Who to Contact for Employee Rights (By Complaint Type)

Wage and Hour Complaints (FLSA): U.S. DOL Wage and Hour Division (WHD)

If the worker problem involves unpaid minimum wage, overtime, off-the-clock work, improper deductions, or employee vs. contractor classification, the typical agency is the Wage and Hour Division (WHD) under the U.S. Department of Labor.

Common triggers for employee complaints:

• Overtime not paid for hours over 40 (non-exempt roles)
• “Salaried” misclassification
• Tip credit issues, illegal deductions
• Missing pay records

Compliance note for HR/business owners: FLSA requires workplace notice posting. Ensure the correct poster is displayed for your workforce type:

• Standard private-sector notice: Employee Rights Under the Fair Labor Standards Act
• State/local government version: Employee Rights Under the FLSA - State and Local Government
• Agriculture version: Employee Rights Under the FLSA - Agriculture
• Spanish version: Derechos de los Trabajadores Bajo la Ley de Normas Justas de Trabajo (FLSA)

If your teams ask, “how to file a complaint against my employer for wages?” WHD is often the correct answer—especially when the issue is pay-related and the employee wants an administrative investigation rather than immediate litigation.

Safety Complaints: OSHA (and State Plans)

For hazards, injuries, unsafe equipment, or lack of PPE/training, employees can contact OSHA. Employees may also raise concerns about retaliation for reporting safety issues (protected activity under OSH Act).

Actionable employer steps:

1. Document the complaint intake (date/time, area, alleged hazard).
2. Triage the hazard immediately—interim controls first, permanent fix next.
3. Preserve related records (training logs, inspections, incident reports).
4. Remind managers: retaliation risk is often the biggest legal exposure.

Discrimination, Harassment, Retaliation: EEOC (and State/Local Fair Employment Agencies)

For workers equality issues (race, sex, religion, national origin, age, disability, genetic information), the typical contact is the EEOC (and often a state agency via “dual filing”). This includes harassment and many retaliation complaints.

Relevant legal framework:

• Title VII of the Civil Rights Act
• Americans with Disabilities Act (ADA)
• Age Discrimination in Employment Act (ADEA)
• Genetic Information Nondiscrimination Act (GINA)

For HR teams building a compliant process around accommodation and ADA documentation, SwiftSDS has related resources: ada hr and ada forms for employers. For the compliance goal behind equal opportunity enforcement, see as it pertains to employment opportunity the eeo strives to.

Operational best practice: Even if an employee intends to file externally, your internal response (speed, neutrality, documentation) often determines whether the matter escalates into formal workplace complaints with agency findings.

Union/Concerted Activity Complaints: NLRB

If a workers report relates to union organizing, protected concerted activity (employees acting together to improve working conditions), or alleged unfair labor practices, the correct federal contact is typically the National Labor Relations Board (NLRB) under the NLRA.

Examples:

• Discipline for discussing pay with coworkers
• Retaliation for group complaints about schedules or safety
• Interference with organizing

Leave Rights (FMLA): DOL Wage and Hour Division

FMLA administration is also under the DOL WHD. Complaints arise from leave denial, interference, or retaliation. (Note that eligibility depends on multiple factors.)

If classification questions come up—especially where contractors are involved—see are contractors eligible for fmla to help HR teams avoid missteps in policy application.

When “Labor Court” Is the Right Path (and When It Isn’t)

Many employees use “labor court” to mean “taking my employer to court.” In the U.S., the path depends on the claim:

• Administrative first (common): EEOC charges (often required before certain lawsuits), many wage investigations, OSHA complaints, NLRB charges.
• Direct court filing (sometimes possible): Some wage claims, contract disputes, certain state law claims, or after administrative prerequisites are met.
• Specialized forums: Arbitration (if enforceable), civil court, or (for unions) grievance/arbitration under a CBA.

Employer takeaway: The agency process is often the first stop, and how you handle the initial employee complaints can reduce the likelihood of litigation later.

Location-Specific Requirements: Why Jurisdiction Matters

While this page focuses on federal labor law requirements, posting and enforcement can differ significantly by state and locality.

Use SwiftSDS posting requirement pages to confirm what applies to your worksite:

• Federal (United States) Posting Requirements for baseline federal posters and rules
• California (CA) Posting Requirements for robust state-level protections and required notices
• Ohio (OH) Labor Law Posting Requirements for OH-specific posting obligations
• For Los Angeles-specific requirements: Los Angeles, Los Angeles County, CA Posting Requirements and Los Angeles County, CA Posting Requirements

Why it matters: Many “unfair working conditions” complaints become more complex when state mini-FLSA rules, paid sick leave ordinances, predictive scheduling, or local anti-discrimination expansions apply.

A Step-by-Step Process HR Can Use to Handle Workplace Complaints

1) Route the complaint to the correct internal owner

Create clear channels (HR, ethics hotline, safety lead) and avoid manager-only intake for sensitive topics.

2) Preserve evidence and prevent retaliation

Put a temporary “litigation hold” style process in place for relevant records (timecards, schedules, messages, camera footage). Remind supervisors that retaliation allegations often drive the highest damages.

3) Investigate promptly and document neutrally

Use a consistent template: allegation, policy/law implicated, witnesses, findings, corrective actions.

4) Correct the issue and communicate next steps

Where possible, resolve the underlying issue (pay correction, schedule changes, accommodation, training, discipline). Provide a clear close-out summary.

5) Verify postings and required notices are current

Posting failures don’t just create technical violations—they can undermine defenses by suggesting broader noncompliance. For wage compliance, confirm the appropriate FLSA notice is posted (see the FLSA poster links above).

For more context on employee-side protections versus employer obligations, SwiftSDS’s definition of workers rights pairs well with internal policy reviews.

FAQ: Work Complaints and Employee Rights Contacts

Who should employees contact first about workplace complaints?

For many issues, employees start internally (HR or a hotline). If the complaint involves wages (FLSA), discrimination (EEOC), safety (OSHA), or union-related rights (NLRB), the relevant agency is often the appropriate external contact—especially if the employee fears retaliation.

How do I file a complaint against my employer for unpaid wages?

Unpaid wage and overtime issues are commonly handled through the U.S. Department of Labor’s Wage and Hour Division (WHD) under the FLSA. Employers should ensure the correct FLSA notice is posted, such as Employee Rights Under the Fair Labor Standards Act.

Is “labor court” the same as filing with an agency like the EEOC?

Not usually. Many employee rights disputes begin with an administrative charge or investigation (EEOC, WHD, OSHA, NLRB). Some claims require completing that process before a lawsuit can be filed.

If you’re updating your compliance program to reduce workplace complaints and ensure correct notices are posted, start with SwiftSDS’s Federal (United States) Posting Requirements and cross-check your state/local pages for additional requirements.