Anaya Nolan
If you have questions about employment laws, you can contact the Wage and Hour Division of the U.S. Department of Labor. They can answer questions about federal laws that protect you from unfair and unwelcome treatment at work, such as discrimination based on race, colour, religion, sex, national origin, age (40 or older), disability, or genetic information. You can also contact them if you have concerns about not being paid correctly or not receiving the minimum wage. Additionally, if you experience a job-related injury or illness, you can learn about workers' compensation and where to file a claim.
| Characteristics | Values |
|---|---|
| Call Number | 1-866-487-9243 |
| Website | dol.gov/agencies/whd |
| Languages | More than 200 |
| Topics Covered | Wage and hour requirements, minimum wage, overtime pay, job misclassification, wrongful discharge, safety, workers' compensation, immigration status, discrimination, sexual harassment |
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What You'll Learn
Minimum wage and overtime pay
If you have questions about employment laws, you can call the U.S. Department of Labor at 1-866-487-9243. You can also visit dol.gov/agencies/whd for more information.
Now, for minimum wage and overtime pay laws:
Minimum wage is the minimum amount of compensation that employees must receive for their work by law. The Fair Labor Standards Act (FLSA) sets the federal minimum wage requirements. Federal law mandates that most employees receive an hourly rate of at least $7.25. The federal minimum wage was last raised in 2009. However, it is important to note that many states and cities have set a higher minimum wage than the federal standard. In such cases, the higher minimum wage rate set by the state or local government applies.
There are some exceptions to minimum wage laws. For example, youths can receive a minimum wage of $4.25 an hour on a short-term basis, and tipped employees can receive $2.13 an hour. Federal and some state laws allow employers to pay a lower minimum wage, known as a "training wage" or "youth minimum wage," of $4.25 per hour to employees under 20 years old. Employers can only pay this lower wage for the first 90 calendar days of employment and must not displace a higher-paid worker to do so.
Overtime pay, also called "premium pay," is the compensation that employees receive for working beyond the standard work hours. Unless exempt, employees covered by the FLSA must receive overtime pay for hours worked over 40 in a workweek. The overtime pay rate is typically 1.5 times the employee's regular rate of pay. Overtime pay must be provided in wages, not in goods or time off. It should be paid on the regular payday for the pay period in which the overtime wages were earned.
Certain employees are exempt from the minimum wage and overtime pay requirements. These include executive, administrative, or professional employees ("EAPs") who are compensated on a predetermined and fixed salary basis. To qualify for this exemption, an employee must earn at least $684 per week ($35,568 per year) beginning in 2024, with the amount increasing over the next few years. Highly compensated employees ("HCEs") are also exempt from minimum wage and overtime requirements if they earn an annual compensation of at least $107,432 in 2024, increasing to $132,965 or more per year beginning July 1, 2024. However, certain employees, including doctors, lawyers, teachers, and outside sales employees, are not subject to these salary tests.
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Workplace safety and injury
Federal law in the US entitles employees to a safe workplace. Employers must keep the workplace free of known health and safety hazards and provide workplace safety and health training in a language their employees understand. Employees have the right to speak up about hazards without fear of retaliation, such as being fired, demoted, or transferred. If you believe your working conditions are unsafe, you may file a confidential complaint with the Occupational Safety and Health Administration (OSHA) and request an inspection. You can contact OSHA toll-free at 1-800-321-6742, by email, or by visiting your nearest OSHA office.
If you suffer a workplace injury or illness, you can file a workers' compensation claim with your employer or their insurance carrier. Workers' compensation provides benefits to employees injured or ill as a result of their work, including coverage for medical expenses, lost wages, and disability benefits. It is important to report your injury to your employer and seek medical attention as soon as possible. Dealing with insurance companies can be complex and frustrating, as they may try to deny or undervalue your claim. Consulting with a personal injury lawyer who specializes in workplace injuries can be helpful in navigating the claims process and negotiating with the insurance company.
To determine if an injury or illness is work-related, OSHA considers if an event or exposure in the work environment caused, contributed to, or significantly aggravated a pre-existing condition. Work-relatedness is generally presumed for injuries and illnesses resulting from events or exposures occurring in the work environment, unless specific exceptions apply. For example, an injury occurring while an employee is working from home due to faulty home wiring would not be considered work-related. On the other hand, if an employee drops a box of work documents and injures their foot, the case would be considered work-related.
To promote workplace safety and prevent future injuries, employers should conduct regular safety inspections and risk assessments, provide safety training and education, ensure proper maintenance of equipment and machinery, and enforce safety rules with appropriate disciplinary action. By implementing these measures, employers can reduce the risk of workplace injuries and create a safer environment for their employees.
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Discrimination and harassment
Discrimination occurs when an employer treats an employee or job applicant unfavourably because of their protected characteristics. These characteristics include race, colour, religion, sex, national origin, age (over 40), disability, or genetic information. Certain federal laws explicitly prohibit discrimination based on these attributes. For example, Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, colour, sex, national origin, religion, and pregnancy. The Americans with Disabilities Act (ADA) also prohibits discrimination based on disability.
Harassment in the workplace is defined as unwelcome conduct based on an individual's protected characteristics. This conduct creates an intimidating, hostile, or abusive work environment. Sexual harassment, for instance, involves unwelcome sexual advances, requests for sexual favours, or offensive comments of a sexual nature. Harassment can also extend to offensive jokes, slurs, physical threats, intimidation, or interference with work performance.
If you experience discrimination or harassment, you can file a complaint with the EEOC. It is important to act promptly, as there are time limits for reporting. In most cases, a charge must be filed within 180 calendar days or 300 days from the last act of discrimination or harassment. After filing a report with the EEOC, you can seek legal aid or consult a lawyer to discuss further steps, including the possibility of filing a lawsuit.
Additionally, employers play a crucial role in preventing and addressing harassment. They are encouraged to establish clear anti-harassment policies, provide training to managers and employees, and take immediate action when a complaint is made. By fostering an environment where employees feel safe to raise concerns, employers can effectively address harassment issues.
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Wage and Hour Division complaints
The Wage and Hour Division (WHD) enforces federal labour laws in the United States, including the Federal minimum wage, overtime pay, record-keeping, and child labour requirements of the Fair Labor Standards Act, and the Family and Medical Leave Act.
If you wish to file a complaint with the WHD, you will need to provide the name, address, and telephone number of the employer (or employment agency) you want to file a complaint against. You will also need to provide details of the nature of your complaint. Your complaint will be routed to the nearest field office, and they will be in touch within two business days.
The WHD will work with you to answer your questions and determine whether an investigation is the best course of action. If an investigation is set up and finds sufficient evidence to support your complaint, you will receive a check for lost wages. Investigations are kept confidential, and employers cannot retaliate against workers for exercising their rights.
You can file a complaint by calling 1-866-487-9243 or by visiting the WHD online.
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Wrongful termination
If you have been wrongfully terminated, you can call the U.S. Department of Labor on 1-866-487-9243 or visit dol.gov/agencies/whd for more information.
A wrongful termination may occur when an employer does not follow their own termination policies or procedures. For example, if an employee handbook outlines a specific procedure that must be followed before an employee is terminated, and the employer does not follow this procedure, the employee may have grounds for a wrongful termination claim.
Additionally, a wrongful termination may occur if the employer's reasons for terminating the employee violate public policy, even if no statute has been violated. For example, an employee may be able to claim wrongful termination if they were fired for refusing to take an action that was in violation of the law, or for reporting a violation of the law to an enforcement agency.
In some cases, an implied contract may be found to exist, restricting the employer's ability to terminate an employee without cause. Employees who work for government agencies typically benefit from civil service protections that restrict termination and may allow for wrongful termination claims.
If you believe you have been wrongfully terminated due to discrimination, you can file a report with the Equal Employment Opportunity Commission (EEOC). If you were fired in retaliation for reporting unsafe or illegal work practices, you are protected as a whistleblower and should report your termination to the Occupational Safety and Health Administration (OSHA).
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Frequently asked questions
You can call the Wage and Hour Division of the U.S. Department of Labor. They can communicate with callers in more than 200 languages.
You can call or visit any Wage and Hour Office to find out what your rights are.
If you are covered by the FLSA and can provide information that demonstrates the probability that you have not been paid the required federal minimum wage of $7.25 per hour or overtime, you may file a complaint with the Wage and Hour Division.
