The U.S. Department of Labor (DOL) is the cabinet-level federal agency responsible for administering and enforcing more than 180 federal labor laws. For tipped and gig workers, the most relevant DOL unit is the Wage and Hour Division (WHD), which enforces the FLSA.
WHD's authority covers:
- Federal minimum wage and overtime compliance
- Tip credit usage and tip pool legality
- Worker classification (employee vs. independent contractor under FLSA)
- Recordkeeping requirements for employers
- Recovery of unpaid wages (back wages, liquidated damages)
How to file a complaint: WHD takes complaints by phone (1-866-487-9243), online, or in person at any of 200+ field offices. Complaints are confidential — your employer is not told who reported them. Retaliation for filing a complaint is itself a federal violation.
Each state has its own labor department too. State agencies generally enforce state-specific labor laws (state minimum wage above federal, state-only paid sick leave, etc.). For dual federal-and-state issues, you can usually file with either or both.
DOL also issues "opinion letters" interpreting FLSA provisions in specific situations. These are guidance, not binding law, but courts often defer to them. Major recent letters have addressed the 80/20 rule for sidework, tip pool eligibility, and independent contractor classification.