Wages & Overtime Pay

Both federal and state laws protect workers from employers who try to pay wages that are too low or too late. The federal law is called the Fair Labor Standards Act (“FLSA”). State laws vary from state to state. Both federal and state laws can be quite complex, so if you have a problem involving wages, it might be helpful to consult with a lawyer who specializes in employment law (an employment attorney).

The “minimum wage”

Almost every employee in the United States has the right to be paid at least the minimum wage. At the present time, federal law sets the minimum wage at $5.15 per hour. So, no matter what happens, you must be paid at least $5.15 for every hour you work. Your employer can’t pay you less because you are not a good worker or because you made a mistake on the job.

Some states have minimum wages that are higher than $5.15. If you live in one of these states, you have the right to get paid the higher minimum wage.

Deductions

Other than for “normal” deductions (such as for taxes, health insurance, union dues, etc.), your employer probably can’t take any money out of your paycheck if that would cause your wages to fall below the minimum wage. For example, if you work 40 hours in a week and get paid $240 ($6 per hour), your employer shouldn’t deduct $40 from your check because you broke $40.00 worth of inventory or a customer stole $40.00 from your cash register during your shift. If your employer did that, you would end up being paid only $200, which would be only $5 per hour (less than minimum wage).

Many states have laws that are much stricter and prevent your employer from making any one-sided deductions at all – unless you do something really bad (like vandalize property on purpose or steal money from your employer). You should check with an attorney (an employment law lawyer) if you think your employer is illegally deducting pay from you.

Pay for “overtime” work

Generally, federal law gives you the right to be paid “overtime” if you work more than forty (40) hours in a week. Some states also have laws that give you the right to overtime pay if you work more than eight (8) hours in a day.

The law usually requires your employer to pay you “time and a half” for overtime work. This means one and a half (1½) times your regular rate of pay for all hours that are overtime hours.

Exemptions from the right to overtime pay
How is overtime pay calculated?
How do I file a claim for wages?
Can my employer retaliate against me?