Workers' rights in the US: minimum wage, overtime and where to complain

Workers' rights in the US start with two numbers: the federal minimum wage is $7.25 an hour (since July 24, 2009), and every hour over 40 in a workweek must be paid at no less than one and a half times your regular rate. Both rules come from the Fair Labor Standards Act (FLSA). Many states set a higher minimum, and employers must follow the state law as well. The Department of Labor (DOL) enforces these rules whether or not a worker is documented.

Below: what different states pay, who is not owed overtime, what records your employer must keep, where to complain about unpaid wages, and what happens to your last paycheck. If you are still looking for work, start with our guide to finding a job in the US.

Minimum wage: federal and by state

The federal $7.25 is the floor for employers covered by the FLSA. DOL states that where a state law gives workers more protection, employers must comply with both. In practice the higher rate applies.

Rates checked November 4, 2026, on dol.gov (DOL's table updated July 1, 2026).

Several states adjust their rate every year by formula; Oregon and D.C. do it on July 1. Michigan is scheduled to go to $15.00 on January 1, 2027. Cities and counties can set higher local rates that the federal table does not show, and DOL itself tells readers to check with the state labor office. The full list is on DOL's State Minimum Wage Laws page.

Two federal exceptions:

• Tipped workers. An employer may pay at least $2.13 an hour in direct wages and count tips toward the minimum wage. It must tell you in advance and make up any shortfall.
• Workers under 20. For their first 90 consecutive calendar days with an employer, they may be paid at least $4.25 an hour.

Overtime: 40 hours a week at time and a half

FLSA overtime is counted by the week, not the day. A workweek is a fixed, regularly recurring period of 168 hours, seven consecutive 24-hour periods. It can start on any day and hour, but hours cannot be averaged over two or more weeks. Work 50 hours one week and 30 the next, and you are owed 10 hours of overtime for the first week.

Federal law does not require:

• extra pay for Saturdays, Sundays or holidays unless your weekly total goes over 40;
• a cap on weekly hours for workers aged 16 and older;
• overtime for a long day if the week stays at 40 hours or less.

States can require more. California pays time and a half for hours over 8 in a workday, over 40 in a workweek, and the first 8 hours of a seventh consecutive workday; hours over 12 in a day, or over 8 on the seventh day, are paid at double time. Alaska also counts overtime after 8 hours a day, Colorado after 12.

Exempt vs non-exempt: who is not owed overtime

Job ads often say "exempt" or "non-exempt". Non-exempt means minimum wage and overtime rules cover you. An exempt employee is paid a salary and is not owed FLSA overtime.

To treat someone as an exempt executive, administrative or professional employee, an employer must meet three tests at once:

1. Salary basis: a fixed amount per pay period, not hourly pay.
2. Salary level: at least $684 a week. For highly compensated employees the bar is $107,432 a year in total pay, with at least $684 a week as salary.
3. Duties. An executive manages the business or a department, directs at least two full-time employees and can hire or fire (or has recommendations given particular weight). An administrative employee does office work tied to running the business and uses independent judgment on matters of significance. A professional does work requiring advanced knowledge from a long course of specialized study, or creative work.

DOL is explicit that job titles do not decide exempt status. A "manager" running a register who supervises nobody may well be non-exempt. A 2024 rule with a higher salary level was vacated by a court, and in May 2026 DOL formally restored the 2019 regulations, so the level is back at $684 a week.

Independent contractors paid on a 1099 get no FLSA minimum wage or overtime at all. If you were labeled a contractor while working like staff, read our W-2 vs 1099 guide.

Pay stubs, hour records and deductions

Under the FLSA, employers must keep records for each non-exempt worker and hold payroll records for at least three years. They include:

• hours worked each day and total hours each workweek;
• when the workweek begins;
• the basis of pay (hourly, weekly, piecework) and the regular hourly rate;
• straight-time earnings and, separately, overtime earnings;
• all additions and deductions, total wages per pay period, the pay date and the period covered.

DOL's federal recordkeeping guidance says nothing about handing workers a pay stub; that comes from state law. California requires an itemized wage statement with every payment, by check, cash or otherwise, showing gross and net wages, hours worked, deductions, the pay period, each hourly rate and the employer's legal name and address. New York's Wage Theft Prevention Act requires a written notice of your pay rate at hire and a wage statement or pay stub every payday. If you are paid without one, or in cash, keep your own log of start and end times, amounts and pay periods. It helps rebuild the picture if you ever file a complaint.

Deductions are limited too: a charge for an employer-required uniform cannot push your pay below the minimum wage or cut the overtime you are owed.

Federal law does not require paid vacation, sick days, holiday pay, severance, or meal and rest breaks. Those can come from state law, a union contract or company policy.

Unpaid wages: complaining to the Wage and Hour Division

FLSA violations are investigated by DOL's Wage and Hour Division (WHD), toll-free at 1-866-487-9243. WHD asks for your contact details, the company's name, location and phone number, the manager's or owner's name, the type of work you did, and how and when you were paid. Your own hour records and payment records help too. The steps are on WHD's How to file a complaint page.

Before you call:

• Complaints are confidential. WHD says the complainant's name, the nature of the complaint and whether a complaint exists may not be disclosed.
• Retaliation is illegal. An employer cannot fire or punish you for complaining or cooperating with an investigation. Oral complaints are protected, and most courts also protect complaints made to the employer.
• Status does not matter. In Fact Sheet 48, WHD says it enforces the FLSA without regard to whether a worker is documented or undocumented.
• Deadlines. Back wages can generally be recovered for two years, or three for willful violations.
• Court. You can sue for back wages and liquidated damages yourself. An employment lawyer helps here; see our directory of lawyers.

You can also go to your state labor agency, especially for state-law claims. In New York, for example, the Division of Labor Standards takes unpaid-wage claims on form LS 223.

Workplace safety: your rights under OSHA

The Occupational Safety and Health Administration (OSHA) covers safety. Federal law gives you the right to a safe workplace, free of known hazards, and to safety training in a language you understand.

You can file a confidential complaint and ask for an inspection at 1-800-321-6742 (1-800-321-OSHA) or through OSHA's page for workers. Firing, demoting or transferring you for it is illegal; a whistleblower complaint about retaliation must be filed within 30 days.

Getting fired and your final paycheck

New York's labor department describes the state as "at-will": without a contract limiting termination, an employer can generally fire you for any reason or none, except illegal retaliation or discrimination. Check your own state's labor agency for its rules.

Federal law sets no deadline for a final paycheck; DOL says employers are not required to pay it immediately. States set the timing:

Rules checked November 4, 2026, on dir.ca.gov and dol.ny.gov.

In California, an employer who willfully pays late owes a day's wages for each day of delay, up to 30 days. If your last paycheck has not arrived by the regular payday, call WHD at 1-866-487-9243 or your state labor department.

Questions people ask

Do undocumented workers get minimum wage and overtime?

Yes. In Fact Sheet 48, the Department of Labor's Wage and Hour Division says it enforces the FLSA without regard to whether a worker is documented or undocumented. That covers the $7.25 federal minimum wage and time and a half for hours over 40 in a workweek. Complaints to WHD at 1-866-487-9243 are confidential.

Is weekend or holiday work paid extra?

Not under the federal FLSA. Time and a half is owed only for hours over 40 in a workweek, whichever days they fall on. Extra pay for weekends or holidays can come from state law, a union contract or company policy, so check those separately.

I am on salary. Does that mean no overtime?

Not necessarily. To skip overtime legally, the salary must be at least $684 a week and the job duties must meet the executive, administrative or professional test. The Department of Labor says job titles do not decide exempt status. A salaried worker paid below that level is still owed overtime.

How far back can I recover unpaid wages?

Under the federal FLSA, generally two years, or three years if the violation was willful. You can file a complaint with the Wage and Hour Division or sue on your own for back wages and liquidated damages, and the Department of Labor can supervise payment of back wages owed to workers.