Understanding your wage and hour rights is essential whether you’re an hourly worker, salaried employee, or gig contractor. The Fair Labor Standards Act (FLSA) provides a federal baseline, but many states go even further.
Minimum Wage Laws:
- Federal minimum wage is $7.25/hr (as of now)
- Many states (e.g., California, New York) have higher rates
- Employers must follow the higher of federal or state laws
Overtime Pay:
- Employees working over 40 hours per week must be paid 1.5x their regular wage
- Some salaried employees are exempt (managers, professionals)
- Misclassifying workers to avoid overtime is illegal
Meal and Rest Breaks:
- Not required by federal law, but many states mandate rest breaks
- California: 30-minute lunch break after 5 hours
- Workers must be paid if forced to work through lunch
Wage Theft Examples:
- Unpaid overtime
- Working off-the-clock
- Misclassifying employees as contractors
- Withholding final paychecks
What to Do If Your Rights Are Violated:
- Keep detailed records of hours worked
- Report violations to the Department of Labor (DOL)
- Consider legal action if retaliation occurs
Tip: You cannot be legally fired for asking to be paid correctly.