Minimum Wage Claims: Know Your Rights & Recover Unpaid Wages
If you’re being paid less than the legal minimum wage, you may be owed back pay, penalties, and more. Learn how to fight back and get what you’re owed.
Federal Minimum Wage Violations
The Fair Labor Standards Act (FLSA) sets the federal minimum wage and requires that most workers be paid at least this amount for every hour worked.
Employers who pay less than the minimum wage, or who use tricks like off-the-clock work or illegal deductions, are breaking the law and can be held accountable.
Workers can recover back pay for unpaid minimum wages, plus an equal amount in liquidated damages (double pay) if the violation was willful. You can also join with coworkers in a collective action to increase your leverage.
If your paycheck averages out to below the legal minimum, your employer owes you the difference—period.
Some State-Specific Examples
California
California’s minimum wage is much higher than the federal rate, and it increases every year. Employers must pay the higher state rate if it applies. California law also requires that all hours worked be paid, and off-the-clock work is strictly prohibited.
If your employer in California is paying less than the state minimum, or not paying for all hours worked, you can recover the difference plus penalties.
New York
New York’s minimum wage is also higher than the federal rate, and it varies by region. Employers must pay the highest applicable rate. New York law is strict about paying for all hours worked, and violations can result in double damages.
If you’re in New York and not getting the right minimum wage, you can file a claim for back pay and penalties.
New Jersey
New Jersey’s minimum wage is among the highest in the country. Employers must pay the state rate, and wage theft laws are strictly enforced. Off-the-clock work and illegal deductions are also prohibited.
If you’re not getting paid the New Jersey minimum wage, you can recover the difference plus damages and penalties.
Pennsylvania
Pennsylvania follows the federal minimum wage, but state law also protects workers from wage theft and off-the-clock work. Employers who violate these rules can be required to pay back wages and penalties.
If you’re in Pennsylvania and not getting paid for all hours worked, you can file a claim for back pay and damages.
Illinois
Illinois has a higher minimum wage than the federal rate, and employers must pay the higher amount. State law also prohibits wage theft and off-the-clock work.
If you’re not getting paid the Illinois minimum wage, you can recover the difference plus penalties and damages.
Florida
Florida’s minimum wage is higher than the federal rate and is adjusted annually. Employers must pay the higher state rate. Florida law also prohibits wage theft and off-the-clock work.
If you’re not getting paid the Florida minimum wage, you can file a claim for back pay and double damages.
Take Action – Get Paid What You’re Owed
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