Dealing With Unpaid Wages: Your Rights State by State

My employer hasn't paid me. Workers' Rights laws have a federal baseline that applies everywhere, but each state layers on its own statute, deadlines, and remedies. Pick your state below for the specific rules — or read the federal overview first.

Minimum Wage: the federal baseline

Metric: $7.25 an hour
Metric: 24
Metric: 2009

The federal floor is $7.25 an hour. It's been there since July 24, 2009 — the longest stretch the U.S. has gone without a raise since the minimum wage was created in 1938. Inflation has eaten roughly 30% of its purchasing power in that time, which is why so many states and cities pulled away years ago.

You're owed whichever number is highest where you work — federal, state, or local. As of 2026, that's $16.50 in California for most employers, $15+ in New York, Washington, Massachusetts, and Connecticut, and over $19 in cities like Seattle and Emeryville. The $7.25 federal rate is still the actual minimum in about 20 states.

Tipped workers see a different number on the federal side — $2.13/hour base — but your tips plus base have to add up to at least $7.25 across the workweek. If they don't, your employer is legally required to make up the gap. Quietly skipping that math is one of the most common forms of wage theftWhen an employer fails to pay the wages legally owed — including unpaid overtime, off-the-clock work, kept tips, or below-minimum-wage pay. It is illegal under federal and state wage-and-hour laws. the DOL investigates.

When does it apply?

You're covered if:

You work for an employer covered by the FLSA (almost every business of any size).
You're at least 20 — workers under 20 can be legally paid $4.25/hr for their first 90 calendar days on the job.
You're not a full-time student or trainee on a special DOL subminimum-wage certificate.

Three things people get wrong:

"Only my state's minimum wage matters." You get the highest of federal, state, or local — period. A Seattle barista is owed Seattle's rate, not Washington's, and not $7.25.
"Undocumented workers don't have minimum wage rights." Flat wrong. The FLSA covers every worker regardless of immigration status, and the DOL has confirmed this in writing for decades.
"Independent contractors don't get minimum wage." True for actual contractors — but misclassification is rampant. If your boss controls when, where, and how you work, you're probably an employee in the eyes of the law, no matter what the 1099 says.

What to Do If Your Employer Pays Below Minimum Wage

Metric: 1

Step 1: Look up your real number. Check your state and your city — the local rate often beats both. The DOL keeps a state-by-state table, and big cities post their own.

Step 2: Do the division. Total weekly pay ÷ total hours worked = your actual hourly rate. If it lands below the floor, you have a claim, and the math itself is your evidence.

Step 3: Save everything. Pay stubs, schedules, screenshots of scheduling apps, your own time log. Anything with a date.

Step 4: File. The DOL Wage and Hour Division handles federal claims; your state labor department often moves faster on state-rate violations. Most wage attorneys take these cases on contingency.

Pick your state for the local rules

State law often controls the deadline, the penalty, and which agency hears the complaint. Choose yours to see the deep state-specific guide for minimum wage.

What should you NOT do?

Don't roll over on illegal deductions. Your employer can't dock you for till shortages, broken dishes, walkout customers, or uniforms if doing so drops you below minimum wage. They get sued over this constantly.

Don't let tip-credit math slide. If you're tipped and a slow shift means tips + $2.13 base didn't hit $7.25, your employer owes you the difference for that shift.

Don't sign anything that says you'll work below the minimum. Such waivers are unenforceable under federal law — you can't contract around the FLSA.