The U.S. Department of Labor’s Wage and Hour Division is committed to:
ensuring that workers are paid properly and for all the hours they work, and
helping employers to pay employees properly and navigate responsibilities if providing employee benefits.
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Workers
Most employees have the right to be paid at least the federal minimum wage ($7.25) for all hours worked regardless of whether you are paid by the hour, the day, or at a piece rate. Some state laws and local laws provide greater employee protections; employees are entitled to the highest of the local, state, or federal minimum wage that applies to them.
Most employees have the right to be paid at least the federal minimum wage ($7.25) for all hours worked regardless of whether you are paid by the hour, the day, or at a piece rate. Some state laws and local laws provide greater employee protections; employees are entitled to the highest of the local, state, or federal minimum wage that applies to them.
Unless specifically exempt, you have the right under federal law to receive overtime pay, or not less than 1.5 times your regular rate of pay, after 40 hours of work in a seven-day workweek.
Your employer must keep records of all wages paid and of all hours worked, regardless of where the work is performed (and regardless of immigration status). It is a good idea to keep your own record of your employer’s name, address, phone number, and the hours you worked.
Under the Family and Medical Leave Act (FMLA), eligible employees of covered employers have the right to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Upon return from FMLA leave, generally, you must be restored to your original job or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. Your use of FMLA leave cannot be counted against you under a “no-fault” attendance policy.
Federal child labor law generally prohibits the employment of minors in nonagricultural occupations under the age of 14, restricts the hours and types of work that can be performed by minors under 16, and prohibits the employment of minors under the age of 18 in any hazardous occupation. Different child labor law standards apply to agricultural employment.
You have rights when it comes to compensation for your work. You have the right to file a complaint or a Charge of Discrimination, participate in an employment discrimination investigation or lawsuit, engage in protected activity, or oppose discrimination without being retaliated against by your employer.
You are owed the prevailing wage if you work on certain covered federal or federally funded or assisted contracts.
You have the right to safety, wages, and training under the Federal Mine Safety and Health Act of 1977, as amended. You are also protected from retaliation for making safety complaints, and from interference with your exercise of protected rights.
Employers
You have the responsibility to compensate your employees properly.
In general, you must pay your employees at least the federal minimum wage ($7.25) for all hours worked regardless of whether they are paid by the hour, the day, or at a piece rate. Some state laws and local laws provide greater employee protections; employees are entitled to the highest of the local, state, or federal minimum wage that applies to them. For work performed on or in connection with federal contracts, you must pay employees a higher minimum wage.
Learn more about your responsibility to compensate employees
You must pay your employees for all hours worked in a workweek. In general, “hours worked” includes all time an employee must be on duty, or at the place of work. Normally, time spent in training, traveling from site to site during the day, and doing repair work must be paid. The Wage and Hour Division (WHD)’s video on paying for hours worked provides more detail.
Generally, you must pay your employees the federal minimum wage ($7.25) for all hours worked regardless of whether they are paid by the hour, the day, or at a piece rate. For work performed on or in connection with federal contracts, your workers must be paid a higher minimum wage. Some states have set higher minimum wages. In those states, you must pay your workers at least the state minimum wage. The Wage and Hour Division (WHD)’s video on the minimum wage provides additional examples and details.
Unless specifically exempt, employers must pay their employees overtime pay of not less than 1.5 times the employees’ regular rate of pay after 40 hours of work in a seven-day workweek.
You must pay employees for all hours worked in a workweek. In general, “hours worked” includes all time an employee must be on duty, or at the place of work. Normally, time spent in training, traveling from site to site during the day, and doing repair work must be paid.
You must keep certain records related to your non-exempt employees’ pay and work hours, regardless of where they perform their work. You don’t need to use a specific form for these records, but they must include certain identifying information about the employee, their hours worked, and their wages earned.
Payroll records, collective bargaining agreements, sales, and purchase records should generally be saved for at least three years. Wage calculation records, such as time cards, wage rates tables, work and time schedules, and records of increases to or deductions from wages should be saved for two years.
You may hire youth as workers, but there are certain considerations when employing minors. Federal child labor law generally prohibits you from employing minors under the age of 14 in nonagricultural occupations, restricts the hours and types of work that can be performed by minors under 16, and prohibits the employment of minors under the age of 18 in any hazardous occupation. Different child labor law standards apply to agricultural employment.
Detailed information on federal and state child labor laws is available on YouthRules.gov.
If you’re a private-sector employer with 50 or more employees (or a public-sector employer), you’re required to provide eligible employees with unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.
In general, the Fair Labor Standards Act (FLSA) requires employers to provide reasonable break time for a mother to express breast milk for her nursing child for one year after the child’s birth each time she has need to express the milk. The frequency and duration of breaks needed to express milk will likely vary depending on factors related to the nursing mother and the child. Factors such as the location of the space and the steps reasonably necessary to express breast milk, such as pump setup, can also affect the duration of time a mother will need to express milk.
You have the responsibility to protect the interests of workers and retirees who participate in retirement savings plans if you’re a private-sector employer who decides to provide a plan. Federal law sets standards of conduct for fiduciaries, meaning those individuals and/or entities who manage private-sector retirement plans and their assets.
You have certain responsibilities under federal law if you provide group health plan benefits to your employees. However, these responsibilities differ depending on factors, such as the number of employees in your organization and the types of benefits offered by your health plan. Furthermore, state laws regulating health insurance companies and health maintenance organizations may complement federal rules, providing more protection to individual plan participants.
You can choose to offer Small Business Health Options Program (SHOP) plans starting any month of the year if you have 50 or fewer employees. Also, certain small businesses and tax-exempt organizations may qualify for a tax credit under the Affordable Care Act.
You have certain responsibilities under federal law if you provide group health plan benefits to your employees. However, these responsibilities differ depending on factors, such as the number of employees in your organization and the types of benefits offered by your health plan. Furthermore, state laws regulating health insurance companies and health maintenance organizations may complement federal rules, providing more protection to individual plan participants.
You can choose to offer Small Business Health Options Program (SHOP) plans starting any month of the year if you have 50 or fewer employees. Also, certain small businesses and tax-exempt organizations may qualify for a tax credit under the Affordable Care Act.
Under one federal law, women and men have the right to receive equal pay if they perform equal work in the same workplace. This law covers most employees across both the public and private sectors and does not require a minimum number of employees. The law considers whether the jobs or work are “substantially equal,” not whether they are identical. Job content (not job titles) is what determines whether jobs are “substantially equal.” All forms of compensation are covered by this law, including salary, overtime pay, bonuses, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits.