Jobs & Careers

US minimum wage and overtime: your basic rights at work

Federal and state minimum wages, when overtime applies and what to do if you’re underpaid.

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Knowing your basic pay rights protects you, especially in your first jobs.

Minimum wage

The federal minimum wage is $7.25 per hour. Many states and cities set higher minimums, and the higher rate applies. Check your state labor department for the current figure.

Overtime

Under federal law, non-exempt employees must be paid at least 1.5 times their regular rate for hours over 40 in a workweek. Some states have daily overtime rules too.

Exempt vs non-exempt

Some salaried professional, executive and administrative roles are “exempt” from overtime if they meet salary and duties tests. Being paid a salary alone doesn’t make you exempt.

If you’re underpaid

Keep records of hours and pay stubs. Contact the Department of Labor’s Wage and Hour Division or your state labor agency. Federal wage protections generally apply regardless of immigration status.

Frequently asked questions

What is the minimum wage in the US?

The federal minimum is $7.25 per hour, but many states and cities require more.

When do I get overtime?

Non-exempt workers get overtime for hours over 40 in a workweek.

Can I report wage theft if I’m on a visa?

Yes. Wage protections generally apply regardless of status.

USA Life Nest Editorial Team

Written and reviewed by people who moved to the US as students, workers and families. We update guides when rules or prices change.

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