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.
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
- Your rightsUnpaid overtime and wages: your rightsFederal law requires time and a half after 40 hours for most workers. How to check if you're owed back pay, file a free confidential complaint and meet the deadline.
- Your rightsMinimum wage in 2026: federal and state rates, tips and wage claimsThe federal minimum wage and the 2026 rates in California, Texas, Florida and New York, tipped wages, city rates, and how to report unpaid minimum wage.
- Your rightsWrongful termination: when firing is illegalMost US jobs are at will, but firing someone for an illegal reason is wrongful termination. The illegal reasons, the agency for each and your deadline.
- Your rightsFMLA leave: who qualifies, how to apply, forms and state rulesFMLA leave explained: who qualifies, 12 weeks of unpaid job-protected leave, notice, forms and medical certification, and state rules in CA, TX, FL and NY.
- In your stateOvertime in California: daily overtime and double timeCalifornia pays overtime after 8 hours in a day, not only after 40 in a week, and double time after 12. How to check what you are owed and file a wage claim.
- Your rightsSexual harassment and hostile work environment: what the law saysSexual harassment and hostile work environment laws: the two forms, who is covered, reporting, retaliation and the deadlines to file in CA, TX, FL and NY.
- In your stateUnpaid wages and overtime in Texas: the 180-day wage claimTexas relies on the federal overtime rule. A state wage claim must reach the Texas Workforce Commission within 180 days of the day the wages were due.
- Your rightsYour final paycheck when you leave or lose a jobWhen your final paycheck is due if you're fired, laid off or quit, if unused vacation is paid, and late-pay penalties in California, Texas, New York and Florida.
- How toUnemployment benefits: how to apply, and how to appeal a denialHow to apply for unemployment, why claims are denied, and how to appeal: deadlines, hearings and weekly claims in California, Texas, New York and Florida.
- How toDiscrimination at work: how to file an EEOC complaint (charge)How to file an EEOC complaint, legally a charge of discrimination: who is covered, the 180 or 300-day deadline, the intake interview, mediation and 90 days to sue.
- Your rightsHurt at work: getting workers' compensationHurt at work? What workers' comp pays, the 30-day rule to report, claim deadlines and hearings in California, Texas, New York and Florida, and lawyer fees.
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
- US Department of Labor: How to file a complaint dol.gov
- US Department of Labor: Fact Sheet #15, tipped employees under the FLSA dol.gov
- EEOC: Time limits for filing a charge eeoc.gov
- EEOC: How to file a charge of employment discrimination eeoc.gov
- OSHA: File a complaint osha.gov
- 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.