The federal WHD may order your employer to pay you back wages. If your employer agrees, then you can’t sue. The Secretary of Labor may also sue your employer for back wages. If your employer intentionally violated the law, then the Secretary can sue for double the amount of back wages.If the Secretary sues on your behalf, then you can’t sue—unless the Secretary’s lawsuit doesn’t get you all the compensation you are entitled to., You also have the choice of bringing a lawsuit on your own without filing an FLSA claim or filing a claim with your state agency. However, you should consult with a qualified labor or employment attorney who can advise you about your rights. You can find a qualified attorney by contacting your local or state bar association.If you sue under the FLSA, you can also get attorneys’ fees and court costs.This should make hiring a lawyer affordable. Many state laws also allow you to get attorneys’ fees and costs.
You should call up the lawyer and schedule a consultation. Prepare by gathering helpful information about your employer and the violation.
The lawyer can help you decide whether to sue under federal or state law.
 You start a lawsuit by filing a “complaint.” This document explains the factual circumstances of the dispute. You also make a request for money compensation from the judge. Don’t delay filing your lawsuit. If you sue under the FLSA, you have two years to file your lawsuit from the date of the violation (three years if your employer’s conduct was willful).You will file the complaint in federal court if you are suing under the FLSA. You can find the appropriate federal court by using the court locator here: http://www.uscourts.gov/court-locator.
If you are suing under your state law, you should sue in state court. Your complaint must mention that your employer violated state law.
Your lawyer can help you draft a complaint and serve a copy on your employer.
 Your lawyer will help you prepare for the lawsuit. You will probably have to testify at trial, and your lawyer can prepare you for that as well. Generally, a lawsuit has the following stages:


Your employer’s response. Unless they ignore your complaint, they should file a written response and send you a copy.
Discovery. During this phase of the lawsuit, each side requests information from each other. You may have to sit for a deposition as part of discovery.
Pretrial motions. If the evidence is clearly in your favor, you can win the lawsuit without going to trial.
Trial. At trial, each side will present witnesses. A jury or the judge will decide the case.
Check if the government agency is suing for you.
Consult with a lawyer.
File a complaint in the correct court.
Continue with the lawsuit.
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