Wages & Overtime1 min read

Your Rights Under the Fair Labor Standards Act (FLSA)

Published 2 Jun 2025

In an age where workers face increasingly complex workplace challenges, understanding your rights is essential. Understand your FLSA rights including minimum wage, overtime pay, and employee classification. Learn what to do if your employer violates wage laws.

Key takeaways

The FLSA guarantees minimum wage and overtime pay for most hourly workers
Non-exempt employees must receive 1.5x their regular rate for hours over 40 per week
Employers who misclassify workers to avoid overtime may owe significant back pay
You can recover up to 3 years of unpaid wages for willful FLSA violations

Minimum Wage and Overtime Requirements

Under the FLSA, most workers are entitled to the federal minimum wage and overtime pay at 1.5 times their regular rate for any hours worked beyond 40 in a workweek. Many states have higher minimum wages and additional overtime protections. Your employer must pay you whichever rate is higher, the federal or state minimum.

Some employees are exempt from overtime requirements, typically those in executive, administrative, or professional roles who earn above a salary threshold. However, employers frequently misclassify workers as exempt to avoid paying overtime, which is illegal and can result in significant penalties.

Common FLSA Violations by Employers

Off-the-Clock Work
Requiring employees to work before clocking in, after clocking out, or during unpaid lunch breaks without compensation is a direct FLSA violation.
Misclassification
Labeling employees as independent contractors or exempt salaried workers when they do not meet the legal criteria deprives them of overtime and other protections.
Tip Theft
Taking a portion of tipped employees' tips, requiring tip sharing with non-tipped employees, or using tips to offset minimum wage obligations beyond what the law allows.
Improper Deductions
Making deductions from an employee's pay for uniforms, tools, or breakages that bring their effective wage below minimum wage.

How to Recover Unpaid Wages Under the FLSA

If your employer has violated the FLSA, you can file a complaint with the U.S. Department of Labor's Wage and Hour Division or file a private lawsuit. In a successful FLSA claim, you can recover your unpaid wages, an equal amount in liquidated damages, and attorney fees. The statute of limitations is 2 years for standard violations and 3 years for willful violations. An employment lawyer can help you determine the best path forward.

Frequently Asked Questions

Am I entitled to overtime pay?

If you are a non-exempt employee and work more than 40 hours in a workweek, you are entitled to overtime pay at 1.5 times your regular rate. Whether you are exempt depends on your salary level, job duties, and how you are paid, not just your job title.

Can my employer make me work off the clock?

No. Under the FLSA, you must be compensated for all hours worked, including time spent on tasks before or after your official shift, mandatory trainings, and work-related travel beyond your normal commute.

What if my employer retaliates against me for complaining about wages?

The FLSA prohibits retaliation against employees who file wage complaints or participate in wage investigations. If your employer retaliates, you may have an additional legal claim for retaliation damages.