If your employer hasn't paid you what you earned, federal law, the Fair Labor Standards Act (FLSA), sets a floor for minimum wage and overtime that applies in every state.
Minimum wage
The federal minimum wage is $7.25 per hour. Many states and cities set a higher minimum, and where they do, you're entitled to the higher rate. Check your state with our rights tool.
Overtime
Most hourly employees (usually "non-exempt") must be paid 1.5× their regular rate for hours worked over 40 in a workweek (29 U.S.C. § 207). Overtime is measured by the workweek, not the day, and "comp time" instead of overtime pay is generally not allowed for private employers.
Common violations
- Not paying for all hours worked, including required prep, cleanup, or on-call time.
- Misclassifying you as "exempt" or as an independent contractor to avoid overtime.
- Illegal deductions that drop your pay below the minimum wage.
- Withholding a final paycheck (the timing is set by your state; check the rights tool).
How to claim unpaid wages
You can file a claim with the U.S. Department of Labor's Wage and Hour Division or your state labor agency, or sue. The FLSA lets you recover the back wages plus an equal amount in liquidated damages, plus attorney's fees. The deadline is generally 2 years (3 for willful violations), so act promptly. Our unpaid-wages demand letter is a good first step.
Frequently asked questions
Can I be fired for asking about my wages? Retaliation for asserting FLSA rights is illegal.
I'm paid a salary. Do I still get overtime? Being salaried alone doesn't make you exempt; it depends on your actual duties and pay level.