Pay for hours worked
Most employees have the right to be paid at least the federal minimum wage ($7.25) for all hours worked regardless of whether you are paid by the hour, the day, or at a piece rate. Some state laws and local laws provide greater employee protections; employees are entitled to the highest of the local, state, or federal minimum wage that applies to them.
Employers may pay tipped employees a cash wage of no less than $2.13 per hour under federal law provided the employer meets certain requirements before claiming a credit against its minimum wage obligations. If your tips combined with cash wages do not equal at least the federal minimum wage ($7.25), your employer must make up the difference.
Questions?
We’re here to help.
For additional assistance, please contact:
The Wage and Hour Division of the U.S. Department of Labor: 1-866-4-US-WAGE (1-866-487-9243)
All discussions with us, including complaints, are free and confidential. Your name and the nature of the complaint will not be disclosed to your employer. The only time we would share such information is when necessary to pursue an allegation, and we would only do so then with your permission, or if required by a court. We enforce the law regardless of your immigration status.
Employers may pay the youth minimum wage ($4.25) to new hires during their first 90 days of employment if they are under age 20; but after 90 days of employment or upon reaching age 20 (whichever comes first), they must receive the full federal minimum wage. Employers who obtain a Section 14(c) certificate from the U.S. Department of Labor may also pay employees below the minimum wage if they are a student-learner enrolled in vocational education, a full-time student in certain workplaces, or a person whose earning or productive capacity is impaired by a disability. A different, higher minimum wage may apply for work performed on or in connection with certain federal construction and service contracts. If you perform work on or in connection with certain federal contracts entered into before January 30, 2022, you must be paid at least a minimum wage of $11.25 per hour. If you are a tipped employee who performs work on or in connection with such a federal contract, you must be paid a minimum of $7.90 per hour. If you perform work on or in connection with certain federal contracts that are entered into, renewed, or extended on or after January 30, 2022, you generally must be paid at least a $15.00 minimum wage.
Unless specifically exempt, you have the right under federal law to receive overtime pay at a rate of not less than 1.5 times your regular rate of pay, after 40 hours of work in a seven-day workweek.
Unless exempt, you have a right to be paid the minimum wage and overtime for hours that you’ve already worked regardless of your immigration status.