JusticeRights guide · United States

FLSA · 29 U.S.C. § 206–207

Work and employment law: your rights at work

Pay, overtime, firing, discrimination, tips and safety at work, in plain English. Federal law sets the floor everywhere; your state can give you more.

FEDERALFederal law first. Your state can add more.Checked by the Justice legal team against official sources · Last reviewed

Key points

Who enforces
The US Department of Labor (pay and overtime), the EEOC (discrimination), OSHA (safety) and the NLRB (organising and talking about pay).
Money
Unpaid minimum wage and overtime are owed back, usually with an equal amount on top as damages.
Deadline
Wage claims: 2 years under federal law, 3 if the violation was willful. Discrimination: 180 days to file with the EEOC, or 300 if a state or local agency enforces a similar law.
Free help
Wage and Hour Division: 1-866-487-9243. OSHA: 1-800-321-6742. Legal aid in your state.

Guides in this area

Short answers, with the law behind them

Can my employer fire me without a reason?

In every state except Montana, most jobs are “at will”: you can be fired for no reason, but never for an illegal one, such as discrimination or retaliation for a complaint. See Wrongful termination. Mont. Code Ann. § 39-2-904

How long do I have to report a wrongful termination?

It depends on the reason: 30 days for an OSHA safety complaint, 180 or 300 days for an EEOC charge, and 6 months for an NLRB charge. See Wrongful termination. 29 U.S.C. § 660(c)(2) · 42 U.S.C. § 2000e-5(e)(1) · 29 U.S.C. § 160(b)

What is the minimum wage?

The federal minimum wage is $7.25 an hour. Many states and some cities set a higher rate, and when both state and federal law cover you, you are entitled to the higher one. See Minimum wage. 29 U.S.C. §§ 206(a)(1)(C), 218(a)

How long do I have to file a wage claim?

Under federal law, 2 years from the missed pay, or 3 years if the violation was willful. Many states give you longer under their own wage laws. 29 U.S.C. § 255(a)

Do salaried workers get overtime?

A salary alone does not make you exempt. Your actual duties and your pay level decide whether overtime applies. 29 C.F.R. Part 541

Can my employer keep part of my tips?

No. An employer, including its managers and supervisors, may not keep any part of employees’ tips, whether or not it takes a tip credit. 29 U.S.C. § 203(m)(2)(B)

How long do I have to report discrimination?

You file a charge with the EEOC within 180 days, or 300 days if a state or local agency enforces a law against the same discrimination. 42 U.S.C. § 2000e-5(e)(1)

Can I be fired for talking about my pay?

Most private-sector employees are protected when they discuss pay and working conditions with coworkers. Supervisors are not covered. NLRA § 7 · 29 U.S.C. § 157

Do I have to sign a non-compete?

Whether a non-compete can be enforced depends on your state. California, for example, makes most of them void. Cal. Bus. & Prof. Code § 16600

Can I take time off for a new baby or a serious illness?

If you are eligible, the Family and Medical Leave Act gives you up to 12 workweeks of unpaid, job-protected leave in a 12-month period, and your group health coverage continues. You need 12 months with the employer, at least 1,250 hours in the last 12 months, and 50 or more employees within 75 miles. California and New York add their own leave and pay. See FMLA leave. 29 U.S.C. § 2612(a)(1) · 29 C.F.R. §§ 825.110, 825.209

What is a hostile work environment?

Harassment based on sex or another protected trait that is so severe or so frequent that a reasonable person in your position would find it abusive. Sexual harassment is also illegal when a job decision depends on accepting or rejecting sexual advances. California and New York cover harassment at employers of any size, and Texas covers sexual harassment at employers with one or more employees. See Sexual harassment and hostile work environment. EEOC · 29 C.F.R. § 1604.11 · Cal. Gov. Code § 12940 · N.Y. Exec. Law § 292 · Tex. Lab. Code § 21.141

Where to complain, for free

Other areas of US law

Official sources

  1. US Department of Labor: How to file a complaint dol.gov
  2. US Department of Labor: Fact Sheet #15, tipped employees under the FLSA dol.gov
  3. EEOC: Time limits for filing a charge eeoc.gov
  4. EEOC: How to file a charge of employment discrimination eeoc.gov
  5. OSHA: File a complaint osha.gov
  6. California Business and Professions Code § 16600 leginfo.legislature.ca.gov

This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.