Wage-and-Hour Laws

By John Devendorf, Esq. | Reviewed by Oni Harton, Esq.

Last updated November 25, 2025

When you do a day’s work, you expect fair compensation. Unfortunately, employers have more bargaining power because they hold the money. Even if they agreed to pay you a certain hourly wage, they may not pay up as agreed.

State and federal wage-and-hour laws protect U.S. workers. These employment laws guarantee minimum standards for workers. They also provide a way to get what’s owed to you if your employer doesn’t pay.

Wage-and-hour laws can depend on where you live. If your employer is violating your rights by failing to pay what they owe, talk to a wage-and-hour lawyer to find out how you can get back pay and interest on unpaid wages. Read on to get answers to frequently asked questions (FAQs) regarding wage and hour laws.

What Are Wage-and-Hour Laws?

Wage-and-hour laws provide a minimum pay rate when employers have to pay workers overtime. These labor laws set minimum standards for employers and provide a right to take action if your employer violates federal and state laws.

Under federal law, the minimum wage rate (as of February 2023) is $7.25 per hour. However, many state minimum wages are higher than the federal minimum. Some local governments pass higher minimum wage laws for cities and counties. Workers in these areas benefit from the higher minimum wage requirements provided by the local or state governments. In some states, tipped employees can have a lower minimum hourly rate.

Under federal law, if the number of hours worked during a workweek tops 40 hours, you get overtime pay at one and one-half times your regular rate of pay.

Who Enforces Minimum Wage and Overtime Laws?

The federal Fair Labor Standards Act (FLSA) is the primary federal law that covers wages and hourly work conditions. This sets the federal minimum wage, overtime pay requirements, recordkeeping, and child labor laws. Employers have to display an official poster outlining FLSA requirements.

The U.S. Department of Labor (DOL) Wage and Hour Division (WHD) enforces wage-and-hour laws at the federal level. At the state level, each state has an equivalent department. These federal government and state agencies may regulate minimum standards for:

Rest breaks
Meal breaks
Prevailing wage payments for government contractors and foreign workers
Work hours for minors

Can You File a Lawsuit for Back Pay and Unpaid Wages?

When you leave a job, your employer has to pay for any work you performed before you left. In some states, the employer has to give you your final paycheck immediately. You likely have a few options if your employer doesn’t pay or you notice wage-and-hour violations.

You can file a complaint with your state labor department. If your employer is in violation, they may have to pay your withheld wages and additional penalties. You may also be eligible for liquidated damages, which are double the amount of unpaid wages. You may also be able to collect reasonable attorney’s fees.

Do Wage-and-Hour Laws Apply to Salaried Workers?

The FLSA provides an exemption to some wage-and-hour protections for certain salaried workers. This includes executive, administrative, outside sales, and professional employees. White-collar exemptions are for workers paid on a salary basis instead of hourly.

Some employers may try to use this exemption to pay workers a salary that is below the minimum wage. To qualify for an exemption, your job must meet certain requirements, and the salary generally cannot be less than $1,128 per week. Your title alone does not determine your exemption status. Job duties determine exemptions.

Salaried employee classification may also depend on state wage-and-hour laws. Some states classify salaried workers as either exempt or non-exempt employees.

Do Independent Contractors Get Overtime?

Independent contractors are not considered employees. As an independent contractor, you don’t get the same protections as employees, including minimum wage, overtime, and benefits. However, some employers misclassify workers as independent contractors to avoid paying benefits and overtime.

There are several factors that determine the misclassification of a contractor or employee. This includes:

The level of control the company has over you and how you do your job
Your financial role, including reimbursement of expenses and who provides tools and supplies
The type of contract and business relationship you have with the company

How Can a Wage-and-Hour Law Attorney Help?

Many workers who know they weren’t paid fairly give up because they think it’s not worth the effort to get back pay. However, you shouldn’t let your employer get away with not paying your wages for the time you worked. Holding your employer accountable is a way to get paid and make sure they don’t do it to others.

You may also get reasonable attorney’s fees if you file a wage claim. An experienced wage-and-hour lawyer can handle your case. In some cases, you can get double damages for unpaid wages. Most attorneys will give you a free consultation for wage-and-hour violations claims.

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