Minimum Wage
Written in plain language for general understanding. This is educational content, not legal advice. Based on federal statutes and official sources.
What is this right?
The federal minimum wage is $7.25 per hour. Your employer must pay you at least this amount for every hour you work. Many states and cities have higher minimum wages — you're entitled to whichever is higher.
Tipped employees have a lower federal minimum ($2.13/hr), but your tips plus wages must equal at least $7.25/hr. If they don't, your employer must make up the difference.
When does it apply?
This right applies when:
- You work for an employer covered by the FLSA
- You are at least 20 years old (workers under 20 can be paid $4.25/hr for the first 90 days)
- You are not a full-time student or student learner on a special certificate
Common misconceptions:
- "My state's minimum wage is the only one that matters" — You get whichever is higher: federal, state, or local.
- "Undocumented workers don't have minimum wage rights" — Wrong. The FLSA covers all workers regardless of immigration status.
- "Independent contractors don't get minimum wage" — True, but many workers are misclassified as contractors when they should be employees.
What should you do?
Step 1: Know your rate. Check your state and city minimum wage — it's often higher than the $7.25 federal rate.
Step 2: Calculate your actual hourly pay. Divide your total weekly pay by total hours worked. If it's below the minimum, you have a claim.
Step 3: Document everything. Save pay stubs, schedules, and any records of hours worked.
Step 4: File a complaint. Contact the DOL Wage and Hour Division or your state's labor department. Many employment attorneys handle wage cases on contingency.
What should you NOT do?
Don't accept illegal deductions. Your employer cannot deduct for cash register shortages, breakage, or uniforms if it would bring your pay below minimum wage.
Don't ignore tip credit violations. If you're a tipped employee and your tips + base pay don't reach $7.25/hr, your employer must pay the difference.
Don't sign away your rights. Any agreement to work for less than minimum wage is unenforceable under federal law.
How District of Columbia differs from federal law
D.C. has one of the highest minimum wages in the country and is indexed to inflation:
- Standard minimum wage: $17.95/hr (effective July 1, 2025), adjusted annually each July 1 based on the Consumer Price Index. D.C.'s minimum wage consistently ranks among the highest in the nation.
- Tipped employees: The tipped minimum wage is being phased up under Initiative 82, passed by D.C. voters in 2022. As of 2025, the tipped base wage is $10.00/hr and increases each year. As amended by the D.C. Council in 2025, the phase-up will bring tipped workers' base wage to 75% of the full minimum wage by 2034 (rather than full parity as originally passed).
- No exemptions for small employers: Unlike some states, D.C.'s minimum wage applies to all employers regardless of size.
- Living wage for government contractors: Businesses contracting with the D.C. government must pay an even higher living wage rate.
Additional Steps in District of Columbia
File a complaint with D.C. DOES at does.dc.gov or call (202) 671-1880. You may also contact the D.C. Office of the Attorney General's Workers' Rights Bureau for wage theft claims.
Relevant Law: D.C. Code § 32-1003 (Minimum Wage Revision Act), Initiative 82 (2022 — Tip Credit Elimination Act)
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