Rights, in real situations
Work & wages
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Choose a state for local guides. The guides below cover specific federal rules.
Work & wages
When should I get overtime pay?Background reading
Background reading
Most employees covered by federal overtime rules who are not exempt must receive at least 1½ times their regular pay rate for hours worked over 40 in a workweek.
Compare your hours for each workweek with your pay statement. A two-week total can hide a week of unpaid overtime.
This is background information, not a state-specific answer. Legal review pending.
Where can I report unpaid wages?Background reading
Background reading
You can contact the US Department of Labor’s Wage and Hour Division. Its complaint page explains how to contact an office and what information to gather.
Have your employer’s name, work location, dates, hours and pay details ready. Keep copies of your records.
This is background information, not a state-specific answer. Legal review pending.
Can my employer punish me for a wage complaint?Background reading
Background reading
Federal wage law prohibits retaliation for protected complaints or participation in an investigation. Keep a record of threats, changed hours or other treatment after you raise the issue.
This is background information, not a state-specific answer. Legal review pending.
My employer makes me clock out for a 10-minute rest break. Should that time count?Federal rule · specific setting
Federal rule · specific setting
For this situationAn ordinary short rest break offered by an employer to an employee covered by federal minimum-wage and overtime rules.
For covered, nonexempt employees, employer-provided short rest breaks, usually 5 to 20 minutes, generally count as paid work time and toward overtime.
What to do next
- Record the start and end of each break, whether it was authorized, and how the timecard treated it.
- Compare your actual weekly hours with paid hours. Save the break policy and pay statements before asking payroll for a correction.
- If the deduction remains unexplained, contact the Wage and Hour Division with your employer’s name, work location, dates, and records.
What could change this answer?
- A longer meal period during which you are relieved of work is different from a short rest break.
- Unauthorized extra break time can be excluded when the employer clearly communicated its duration and consequences. State break requirements may add protection.
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Federal rule. State or local protections may add to it. Legal review pending.
Can my employer refuse overtime pay because I did not get advance approval?Federal rule · specific setting
Federal rule · specific setting
For this situationA covered, nonexempt employee who actually performed compensable overtime, including work the employer knew or had reason to know about.
A rule requiring advance approval does not erase pay owed for compensable overtime the employer required or permitted. Coverage, exemption status, and actual hours still matter.
What to do next
- Write down the work performed, exact hours, and who assigned it or knew it was happening. Keep relevant messages.
- Submit an accurate time record and ask payroll in writing to identify any hours excluded solely for lack of approval.
- Contact the Wage and Hour Division if the employer refuses to count those hours. Bring the policy and weekly pay records.
What could change this answer?
- An overtime exemption or a special statutory work-period rule can change the calculation.
- Whether the employer knew or should have known about unreported work matters; preserve evidence and use the employer’s reporting process.
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Federal rule. State or local protections may add to it. Legal review pending.
Our manager takes a share of the staff tip jar. Is that allowed?Federal rule · specific setting
Federal rule · specific setting
For this situationEmployee tips at a workplace covered by the Fair Labor Standards Act, including shared jars and mandatory tip pools.
A manager or supervisor who meets the federal duties test cannot keep other employees’ tips or receive money from their tip pool, even if the employer pays everyone the full minimum wage.
What to do next
- Save the written pooling policy and records showing how tips were collected and distributed. Note which workers contributed.
- List the manager’s actual duties, such as directing workers and meaningful hiring or firing authority, rather than relying on their title.
- Ask payroll to explain the distribution, then contact the Wage and Hour Division if a manager is receiving pooled staff tips.
What could change this answer?
- Tips for service a manager directly and solely performs differ from money produced by shared staff work.
- Whether someone meets the manager or supervisor test depends on duties; certain actively managing owners also qualify.
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Federal rule. State or local protections may add to it. Legal review pending.
Can a required uniform deduction push my pay below the federal minimum wage?Federal rule · specific setting
Federal rule · specific setting
For this situationA uniform required by the employer, the nature of the work, or law, where federal wage requirements cover the employee.
For a covered employee, employer-required uniform costs cannot reduce pay below the federal minimum wage or cut into required overtime compensation. Requiring cash reimbursement does not avoid those limits.
What to do next
- Keep the uniform requirement, purchase or cleaning receipt, and the pay statement showing any deduction. Record cash repayments too.
- Compare each affected workweek’s wages and hours, including overtime. Do not rely only on the total for a two-week paycheck.
- Ask payroll to explain and correct a deduction that reduced required pay. Contact the Wage and Hour Division if it remains unresolved.
What could change this answer?
- A deduction that leaves all federally required minimum and overtime pay intact needs separate state-law or contract analysis.
- Who required the clothing and whether it is an employer business expense can affect the rule.
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Federal rule. State or local protections may add to it. Legal review pending.
My workplace offered a bathroom for pumping milk. Does that meet federal law?Federal rule · specific setting
Federal rule · specific setting
For this situationAn employee protected by federal pumping-break requirements during the first year after the child’s birth, including eligible employees working remotely.
For employees protected by the PUMP Act, the employer must provide a functional pumping space other than a bathroom, shielded from view and free from intrusion, for one year after childbirth.
What to do next
- Tell your employer when you need pumping breaks and that the offered space is a bathroom. Keep a dated copy.
- Ask for an available private room or temporary space and a way to prevent coworkers or customers from entering.
- Contact the Wage and Hour Division if the employer refuses. Describe the space, timing, job, and employer size so coverage can be checked.
What could change this answer?
- Certain employers with fewer than 50 employees may claim an undue-hardship exemption; it is not automatic.
- Pay depends on whether you are relieved of duty and the employer’s paid-break practices. Other laws may protect a longer period.
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Federal rule. State or local protections may add to it. Legal review pending.
My doctor cannot finish my FMLA certification within 15 days. What should I do?Federal rule · specific setting
Federal rule · specific setting
For this situationAn FMLA-eligible employee whose covered employer requested certification for the employee’s or a qualifying family member’s serious health condition.
An employer generally must allow at least 15 calendar days for requested medical certification. If diligent, good-faith efforts cannot meet that deadline, the employee is entitled to additional time.
What to do next
- Send the certification request to your provider promptly and save appointment, message, and follow-up records.
- Before the deadline, tell the employer what you have done, why the provider cannot finish, and the expected completion date.
- Request additional time in writing and deliver the complete certification as soon as possible. Keep delivery proof and contact WHD if protection is denied.
What could change this answer?
- An avoidable delay without diligent efforts can result in a gap in FMLA protection.
- A missing or incomplete certification is different from an employer questioning an otherwise complete certification. Ask which information is needed.
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Federal rule. State or local protections may add to it. Legal review pending.
I missed two hours for approved FMLA care. Can my employer subtract a whole day?Federal rule · specific setting
Federal rule · specific setting
For this situationA worker using qualifying FMLA leave for part of a scheduled day, rather than an entire workweek.
An employer generally may count only FMLA leave actually taken. It must use the smallest leave increment it allows for other leave, and that increment cannot exceed one hour.
What to do next
- Save the schedule, actual departure and return times, and the notice approving or designating the leave.
- Ask the leave administrator for the balance calculation and the smallest increment used for other kinds of leave.
- Request correction of time charged beyond the qualifying absence. If unresolved, give the records to the Wage and Hour Division.
What could change this answer?
- Required overtime you could not work for an FMLA reason may count; optional overtime follows different rules.
- Your normal schedule, periods when the business closes, and any genuine inability to start or stop work mid-shift can affect the amount counted.
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Federal rule. State or local protections may add to it. Legal review pending.
Can a one-day migraine flare qualify for FMLA even without a doctor visit that day?Federal rule · specific setting
Federal rule · specific setting
For this situationAn eligible employee of a covered employer who cannot work because of a chronic condition meeting the federal FMLA serious-health-condition rules.
A qualifying chronic serious health condition can support FMLA leave for an episode of incapacity even when the absence is shorter than three days and no provider visit occurs during that episode.
What to do next
- Discuss recurring episodes and work limitations with your treating provider, including the condition’s ongoing treatment needs.
- Tell the leave administrator that the absence relates to the condition covered by your FMLA request. Follow the normal call-in process when possible.
- If certification is requested, provide it on time and keep absence dates and responses. Contact WHD if leave is rejected solely because one episode lasted only a day.
What could change this answer?
- Chronic conditions require periodic provider visits, generally at least twice yearly, and continue over an extended period.
- Not every headache or brief illness qualifies. Existing certification, treatment history, and actual inability to work affect the answer.
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Federal rule. State or local protections may add to it. Legal review pending.
Can I report an unsafe machine to OSHA without my employer getting my name?Federal rule · specific setting
Federal rule · specific setting
For this situationWorkers or their representatives reporting hazards at workplaces covered by federal OSHA or an OSHA-approved state plan.
You can request that OSHA keep your name confidential when filing a workplace safety or health complaint. Describe the serious hazard and the workplace precisely.
What to do next
- Write down the machine or hazard, location, tasks affected, and when workers are exposed. Preserve records you can lawfully obtain.
- Use OSHA’s safety complaint route and expressly request that your name not be revealed to the employer. Include a safe contact method.
- Respond to OSHA’s follow-up. For an imminent life-threatening situation, call 800-321-6742 instead of waiting for a web submission.
What could change this answer?
- OSHA coverage and the responsible office depend on employer type, industry, and whether an approved state plan applies.
- A complaint about retaliation is a separate process with a short deadline and cannot remain anonymous to the employer.
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Federal rule. State or local protections may add to it. Legal review pending.
I was fired after reporting a safety hazard. How long do I have to contact OSHA?Federal rule · specific setting
Federal rule · specific setting
For this situationA worker covered by federal OSH Act retaliation protection who experienced adverse action for protected workplace safety activity.
A retaliation complaint under section 11(c) of the federal Occupational Safety and Health Act generally must be filed within 30 days after you learn of the adverse action.
What to do next
- Record when you learned of the firing, reduced hours, discipline, or threat. Preserve the notice and your earlier safety report.
- Promptly file through OSHA’s whistleblower route or call 800-321-6742. Explain the safety activity, employer knowledge, and resulting action.
- Save confirmation and respond to OSHA’s contact requests. Provide supporting documents and witness information through the investigator’s instructions.
What could change this answer?
- This 30-day rule is specific to section 11(c); federal employees and other statutory claims can follow different processes.
- OSHA retaliation complaints are not anonymous. If investigated, your employer is told about the complaint and may respond.
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Federal rule. State or local protections may add to it. Legal review pending.
I am pregnant. Can my employer demand a doctor’s note just to let me carry water?Federal rule · specific setting
Federal rule · specific setting
For this situationA currently pregnant employee or applicant seeking these simple adjustments from an employer covered by the PWFA, generally with at least 15 employees.
Under the PWFA regulation, an employer cannot require supporting documentation when a currently pregnant worker requests water, food or restroom breaks, carrying drinking water, or sitting or standing as needed.
What to do next
- Explain the pregnancy-related limitation and the specific adjustment, such as carrying a water bottle during the shift.
- If a note is demanded, ask the accommodation contact to review the EEOC documentation guidance and keep a copy of the request and response.
- If access is denied or you are penalized, contact the EEOC promptly through its charge process. Keep the relevant schedules and discipline notices.
What could change this answer?
- Documentation rules differ for other requests and circumstances; this guide covers the listed adjustments during pregnancy.
- A different effective accommodation or a legally supported undue-hardship issue may require further discussion.
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Federal rule. State or local protections may add to it. Legal review pending.
HR is investigating discrimination. Does that pause my deadline to file with the EEOC?Federal rule · specific setting
Federal rule · specific setting
For this situationA private-sector or state/local government worker considering an EEOC charge while another process investigates the same discrimination concern.
Generally, no. An internal grievance, union process, arbitration, or mediation does not extend the EEOC charge deadline, usually 180 days or 300 days where qualifying state or local law applies.
What to do next
- List each alleged discriminatory action and its date, along with when you complained internally. Save the HR correspondence.
- Contact the EEOC now to determine the applicable deadline and begin its charge process while HR continues reviewing.
- If the deadline is close, call 800-669-4000 for urgent assistance and confirm whether a signed charge has actually been filed. Keep that confirmation.
What could change this answer?
- Age claims use a different test for the 300-day extension; federal employment has a separate process.
- Different acts can have separate deadlines, while ongoing harassment has special timing rules. Do not calculate solely from the final HR response.
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Federal rule. State or local protections may add to it. Legal review pending.
I was fired from a California office job. Can my employer wait until payday to pay me?Background reading
Background reading
Choose California to read this local rule and its limits.
This is background information, not a state-specific answer. Legal review pending.
California law
For this situationA directly employed California private-sector office worker who is fired, outside special industry rules.
For an ordinary covered employee who is discharged, earned wages, including accrued unused vacation, are due immediately.
What to do next
- Record the discharge date and time and keep the termination message.
- Compare the final payment with unpaid hours and earned unused vacation. Request any shortfall in writing.
- Use the California Labor Commissioner’s wage-claim instructions if wages remain unpaid. Attach your pay records and termination evidence.
What could change this answer?
- Quitting has different deadlines, including a 72-hour rule when adequate advance notice was not given.
- Film production, oil drilling, certain seasonal work and some union agreements have special payment provisions.
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Applies only to the setting described in this guide. Legal review pending.
I quit my California job without 72 hours’ notice. When is my final pay due?Background reading
Background reading
Choose California to read this local rule and its limits.
This is background information, not a state-specific answer. Legal review pending.
California law
For this situationA California private-sector employee who quits an ordinary job without a fixed-term written employment contract.
For a covered employee without a written contract for a definite term, final wages and earned unused vacation are due within 72 hours after quitting without at least 72 hours’ notice.
What to do next
- Keep a dated copy of your resignation and record when your employment ended.
- Ask where to collect the final payment, or request mailing to a specified address. Keep the request.
- Check wages and vacation against your records. Use the Labor Commissioner’s wage-claim process for an unpaid balance.
What could change this answer?
- With at least 72 hours’ advance notice, final pay is due when you quit.
- Fixed-term contracts and special industry provisions require a separate review of the payment deadline.
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Applies only to the setting described in this guide. Legal review pending.
Does California’s minimum paid sick leave mean 40 hours or five workdays?Background reading
Background reading
Choose California to read this local rule and its limits.
This is background information, not a state-specific answer. Legal review pending.
California law
For this situationAn ordinary California private-sector employee who works at least 30 days for the same employer within a year and is outside a statutory exemption.
The annual use allowance must generally be at least 40 hours or five days, whichever is greater, once the leave has been earned or provided upfront.
What to do next
- Check your employer’s leave year, accrual or upfront policy, and available balance.
- After the usual 90-day employment waiting period, request available leave for a qualifying purpose. Keep the request and response.
- If leave is denied or unpaid, save the policy, pay statements and hours, then consult the Labor Commissioner’s claim instructions.
What could change this answer?
- A ten-hour workday means five days is 50 hours; the greater amount controls.
- Local laws can provide more leave. Certain collective bargaining agreements, railroad work and qualifying aircrew arrangements have different coverage.
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Applies only to the setting described in this guide. Legal review pending.
Can a new part-time New York employee use paid leave for prenatal appointments?Background reading
Background reading
Choose New York to read this local rule and its limits.
This is background information, not a state-specific answer. Legal review pending.
New York law
For this situationA New York private-sector employee receiving covered pregnancy-related healthcare, regardless of employer size.
Yes. Covered private-sector employees have 20 hours of paid prenatal leave in a 52-week period, including new and part-time employees. This leave does not need to accrue first.
What to do next
- Request Paid Prenatal Leave through the employer’s normal leave procedure and identify the appointment time needed.
- Track hours used and the date of first use, which starts the 52-week period.
- Keep a denial or pay shortfall and use the New York Department of Labor Paid Prenatal Leave complaint form if necessary.
What could change this answer?
- The 20 hours are separate from sick leave; the employer cannot require using other leave first.
- A second pregnancy does not restart the allowance within the same 52-week period. Fertility treatment and end-of-pregnancy care can qualify.
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Applies only to the setting described in this guide. Legal review pending.
Which form can I use for ordinary unpaid wages from a New York job?Background reading
Background reading
Choose New York to read this local rule and its limits.
This is background information, not a state-specific answer. Legal review pending.
New York law
For this situationAn ordinary private-sector employee seeking earned wages for work performed in New York, rather than a sales-commission or independent-contractor dispute.
New York Department of Labor uses Labor Standards Complaint Form LS223 for covered unpaid-wage complaints. Its intake rules exclude some workers and disputes.
What to do next
- List each unpaid pay period, hours, agreed rate, payments received and employer’s legal name and address.
- Read the Department of Labor’s intake exclusions, then complete and sign LS223 with supporting copies.
- Submit by the method stated in the current form instructions. Save the submission and respond to the investigator’s requests.
What could change this answer?
- The agency excludes government employment, claims already filed in court and matters subject to a union grievance procedure.
- The agency excludes executive, administrative or professional employees earning over $1,300 per week. Benefit claims have additional intake restrictions.
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Applies only to the setting described in this guide. Legal review pending.
After leaving a Maryland job, when should I receive my last earned wages?Background reading
Background reading
Choose Maryland to read this local rule and its limits.
This is background information, not a state-specific answer. Legal review pending.
Maryland law
For this situationA Maryland employee seeking earned wages after quitting or being discharged.
Earned wages are due by the regular payday on which they would have been paid if you had stayed employed.
What to do next
- Keep your separation date, pay schedule, hours and vacation policy as provided when hired.
- After the scheduled payday, request missing wages and the employer’s calculation in writing.
- Maryland Labor directs workers still unpaid two weeks after the scheduled payday to its signed Wage Claim Form. Save your submission and attachments.
What could change this answer?
- A properly disclosed written policy can limit vacation payout; without such a policy, earned unused vacation can be payable.
- Giving notice of a future resignation does not by itself guarantee pay for unworked future days if the employer ends work sooner.
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Applies only to the setting described in this guide. Legal review pending.
Does a Maryland employer have to give me an itemized pay statement?Background reading
Background reading
Choose Maryland to read this local rule and its limits.
This is background information, not a state-specific answer. Legal review pending.
Maryland law
For this situationAn employee paid for work in Maryland, including a worker receiving an electronic pay statement.
Yes. For each payday, a covered employer must provide a written or online statement showing the pay period, rates, gross and net pay, itemized deductions and required employer details.
What to do next
- Save each statement and compare its dates, hours, rates and deductions against your own records.
- Ask payroll in writing for a missing statement or a corrected itemization. Identify the payday and missing fields.
- If the problem continues, contact Maryland Labor’s Wage and Labor Standards Enforcement Unit and keep the statements and correspondence ready.
What could change this answer?
- The employer’s registered name, address and telephone number must appear in the required information.
- A period with no work and no wages does not require a pay statement under this rule; separate sick-leave laws can require leave information.
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Applies only to the setting described in this guide. Legal review pending.
Do employees at a small DC office earn paid sick leave?Background reading
Background reading
Choose the District of Columbia to read this local rule and its limits.
This is background information, not a state-specific answer. Legal review pending.
District of Columbia law
For this situationA non-student adult employee working entirely in DC for a small private office, rather than an independent contractor or another excluded worker.
A covered employee at an employer with 24 or fewer employees earns at least one hour of paid sick and safe leave per 87 hours worked, up to three days per calendar year.
What to do next
- Ask payroll which employer-size tier applies and how your leave balance is calculated.
- Accrual starts with employment; after 90 days, request available leave for a covered health or safety need. Keep the request.
- For denied leave or unpaid leave hours, use the DC Office of Wage-Hour Accrued Sick and Safe Leave claim form.
What could change this answer?
- Employers with 25 to 99 employees use one hour per 43 hours, up to five days; the largest tier has a higher minimum.
- Certain tipped restaurant workers have a separate five-day rule, and a more generous employer policy can exceed the minimum.
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Applies only to the setting described in this guide. Legal review pending.
I was fired from a DC job. When are my earned wages due?Background reading
Background reading
Choose the District of Columbia to read this local rule and its limits.
This is background information, not a state-specific answer. Legal review pending.
District of Columbia law
For this situationA directly employed DC private-sector worker who was discharged, rather than a worker resigning or pursuing a temporary-agency joint-employer claim.
A covered discharged employee must generally receive earned wages no later than the following working day.
What to do next
- Save the discharge notice and record your last day, unpaid hours and usual pay rate.
- Check the next working day for payment and ask payroll in writing for any unpaid earned wages.
- If payment is late, complete the DC Office of Wage-Hour Wage Payment claim form with pay records and the termination date.
What could change this answer?
- For an employee handling employer money, the employer has four days after discharge to determine account accuracy.
- Resignation has a different deadline. Union agreements and some employment arrangements need a separate review.
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Applies only to the setting described in this guide. Legal review pending.
What should I save if my pay looks wrong?Background reading
Background reading
Start with hours and pay statements; relevant messages and policies; a timeline of the treatment.
Keep your own observations separate from what someone told you. These are preparation steps, not a finding about your rights or eligibility.
This is background information, not a state-specific answer. Legal review pending.
My employer withheld my final paycheck. What can I do?Background reading
Background reading
Choose Virginia to read this guide. We have not researched this question for other states.
This is background information, not a state-specific answer. Legal review pending.
Virginia law
For this situationAn employee seeking earned wages for work in Virginia. Contractor disputes and some types of pay need a different review.
For Virginia work, final earned wages are due by the payday that would have applied if employment continued. You can make a wage claim with the Virginia Department of Labor and Industry (DOLI).
What to do next
- List the unpaid dates, hours, agreed rate, deductions and payments received. Keep paystubs, schedules and messages.
- Send a dated request stating what is missing. Keep a copy.
- In the DOLI portal, choose Payment of Wage Claim. For a paper claim, use the form on DOLI’s wage page, sign it and mail it as instructed. Emailed or faxed forms are not accepted.
- Save your claim confirmation. For filing questions, call 804-786-2706 or email laborlaw@doli.virginia.gov.
Words you can use
For [DATES], I worked [HOURS] at [RATE]. After payments received, my records show [AMOUNT] unpaid, due on [PAYDAY]. Please pay it and provide the calculation for any difference.
Replace the brackets with your details. Keep only what is true for you.
What could change this answer?
- A civil wage action generally has a three-year limit. Do not assume an agency claim preserves every court deadline.
- DOLI directs overtime earned before July 1, 2026 to the US Department of Labor or private litigation.
- July 2026 changes affect additional damages where an employer proves good faith and promptly pays. Extra damages are not automatic.
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Applies only to the setting described in this guide. Legal review pending.
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These guides cover the situations they name. They are source-checked drafts, not a complete state law library or a lawyer’s review. County rules are not inferred from your state.
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