US Rights Guide
Employer Has Not Paid My Wages in the US: Your Rights
Wage theft is illegal in all 50 states. File a free complaint with the US Department of Labor (WHD) or your state labor board to recover unpaid wages plus damages.
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Direct Answer
The Fair Labor Standards Act (FLSA) requires employers to pay at least the federal minimum wage ($7.25/hr, though most states are higher) for all hours worked, and 1.5x for overtime over 40 hours/week. If your employer has failed to pay wages, file a free complaint with the Department of Labor's Wage and Hour Division (WHD) or sue in federal or state court. You can recover double the unpaid amount as liquidated damages.
What the Law Says
Your Legal Foundation
Fair Labor Standards Act 1938 (FLSA)
29 U.S.C. § 206
“Every employer shall pay to each of its employees a wage not less than the federal minimum wage for all hours worked.”
Fair Labor Standards Act 1938 (FLSA)
29 U.S.C. § 207
“No employer shall employ any employee for a work week longer than 40 hours unless such employee receives compensation for overtime at a rate of not less than one and one-half times the regular rate.”
Fair Labor Standards Act 1938 (FLSA)
29 U.S.C. § 216(b)
“An employer who violates the minimum wage or overtime provisions shall be liable for the unpaid wages plus an equal amount as liquidated damages.”
Common Questions
Frequently Asked Questions
My boss calls me an independent contractor — does the FLSA still apply?
It might. Many workers are misclassified as "independent contractors" to avoid paying minimum wage, overtime, and benefits. The DOL uses an "economic reality" test to determine true status. File a WHD complaint and let them investigate — misclassification is a serious FLSA violation.
I was not paid for training time or required pre-shift work — is that wage theft?
Yes. Under the FLSA, "hours worked" includes mandatory training, pre-shift preparation time, and any work performed "off the clock." If your employer required the time, they must pay for it.
My employer says they will pay me "next paycheck" but keeps delaying — what can I do?
File with your state labor board immediately. States have timely payment laws requiring wages to be paid by specific dates. Chronic delayed payment violates these laws regardless of the employer's excuse.
Can my employer retaliate against me for filing a wage complaint?
Retaliation for filing a WHD complaint is illegal under Section 15(a)(3) of the FLSA. If your employer retaliates, file a retaliation complaint with WHD or sue in court. Retaliation claims are separate from and additional to your wage claim.
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