C.F.R. » Title 29 » CHAPTER XVII—OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR › PART 1984—PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER SECTION 1558 OF THE AFFORDABLE CARE ACT › Subpart A—Complaints, Investigations, Findings, and Preliminary Orders

29 C.F.R. § 1984.103

Filing of retaliation complaint

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(a) Who may file. An employee who believes that he or she has been retaliated against in violation of section 18C of the FLSA may file, or have filed by any person on the employee's behalf, a complaint alleging such retaliation.

(b) Nature of filing. No particular form of complaint is required. A complaint may be filed orally or in writing. Oral complaints will be reduced to writing by OSHA. If the complainant is unable to file the complaint in English, OSHA will accept the complaint in any language.

(c) Place of filing. The complaint should be filed with the OSHA office responsible for enforcement activities in the geographical area where the employee resides or was employed, but may be filed with any OSHA officer or employee. Addresses and telephone numbers for these officials are set forth in local directories and at the following Internet address: http://www.osha.gov.

(d) Time for filing. Within 180 days after an alleged violation of section 18C of the FLSA occurs, any employee who believes that he or she has been retaliated against in violation of that section may file, or have filed by any person on the employee's behalf, a complaint alleging such retaliation. The date of the postmark, facsimile transmittal, electronic communication transmittal, telephone call, hand-delivery, delivery to a third-party commercial carrier, or in-person filing at an OSHA office will be considered the date of filing. The time for filing a complaint may be tolled for reasons warranted by applicable case law. For example, OSHA may consider the time for filing a complaint equitably tolled if a complainant mistakenly files a complaint with another agency instead of OSHA within 180 days after becoming aware of the alleged violation.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2018–2021 · leading case: Roger Wilson v. EI DuPont de Nemours & Co, 710 F. App'x 57 (3rd Cir. 2018).
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Roger Wilson v. EI DuPont de Nemours & Co, 710 F. App'x 57 (3rd Cir. 2018). · cites it 2× “2 Wilson does not dispute that he failed to submit an administrative complaint to the U.”
Michael Brooks v. Agate Resources, Inc. (9th Cir. 2020). “§ 2087 (b)(1); 29 C.F.R. § 1984.103 (d) (requiring that the complainant file an administrative complaint within 180 days of the violation).”
Bailey v. Dejoy (D. Me. 2021). “§ 2087 (b)(1); see 29 CFR 1984.103(c) (requiring that a violation of section 218c be “filed with the OSHA office responsible for enforcement activities in the geographical area where the employee resides or was employed”).”
— 29 C.F.R. § 1984.103(c) — 1 case
Bailey v. Dejoy (D. Me. 2021). “§ 2087 (b)(1); see 29 CFR 1984.103(c) (requiring that a violation of section 218c be “filed with the OSHA office responsible for enforcement activities in the geographical area where the employee resides or was employed”).”
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