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Federal Law

Wage and Hour Rights: Getting Paid What You're Owed

Last reviewed: April 2026

The FLSA and state laws protect your right to minimum wage, overtime, and more.

The Fair Labor Standards Act (FLSA) sets federal standards for minimum wage, overtime, and other wage protections.

Minimum wage: Federal minimum is $7.25/hour, but many states and cities have higher minimums.

Overtime: Non-exempt employees must receive 1.5x their regular rate for hours worked over 40 in a workweek.

Common wage violations:

• Misclassifying employees as "exempt" to avoid paying overtime

• Misclassifying employees as "independent contractors"

• Not paying for all hours worked (off-the-clock work)

• Illegal deductions from pay

• Not paying for required training or meetings

• Tip theft or illegal tip pooling

Equal Pay Act: Men and women must receive equal pay for substantially equal work at the same establishment.

Filing deadline: 2 years (3 if willful). You can file with the DOL or bring a private lawsuit.

Key tip: Save all pay stubs, time records, and offer letters. These are critical evidence for wage claims.

Sources: Fair Labor Standards Act, 29 U.S.C. §§ 201–219; Equal Pay Act, 29 U.S.C. § 206(d); Lilly Ledbetter Fair Pay Act of 2009 (P.L. 111-2); DOL Wage and Hour Division at dol.gov/agencies/whd. Federal minimum wage of $7.25/hr has been in effect since July 24, 2009.

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This guide is for informational purposes only and does not constitute legal advice. Employment law varies by jurisdiction. Consult an employment attorney for advice specific to your situation.