Yes. If your employer has paid you less than the legally required minimum wage, failed to pay you for all the hours you worked, or withheld wages you earned, you generally have the right to recover that money. You can do this by filing a complaint with a government labor agency or by bringing a lawsuit. The main federal law on your side is the Fair Labor Standards Act (FLSA), enforced by the U.S. Department of Labor's Wage and Hour Division (WHD), and many states add their own, often stronger, protections.
The Federal Floor: What the FLSA Guarantees
The FLSA sets a national baseline that nearly all employers must meet. It requires covered employers to pay a federal minimum wage for every hour worked and overtime (time-and-a-half) for hours over 40 in a workweek for non-exempt employees. It also requires that you actually be paid the wages you earned on your regular payday.
The federal minimum wage is set by Congress and applies everywhere in the United States as a floor. However, this is only the floor. A large number of states and cities have set their own minimum wage that is higher than the federal rate. When the state or local rate is higher, your employer must pay you the higher amount. The exact dollar figure depends entirely on where you work, so this varies by state and even by city. Always check your own state's labor department for the current rate.
Common FLSA violations that give you a right to recover money include:
Paying below minimum wage (the federal floor or the higher state or local rate that applies to you).
Not paying overtime for hours over 40 in a week when you are a non-exempt worker.
"Off the clock" work such as required pre-shift setup, post-shift cleanup, or working through an unpaid meal break.
Illegal tip practices, such as keeping your tips or applying a tip credit improperly so your total pay falls below minimum wage.
Improper deductions for uniforms, tools, cash-register shortages, or breakage that push your effective pay below minimum wage.
Misclassifying you as an independent contractor or as "exempt" to avoid paying overtime.
"Can I Sue My Employer for Paying Me Less Than Minimum Wage?"
In most cases, yes. If you were paid below the applicable minimum wage, the FLSA lets you recover the difference between what you were paid and what you were owed. The law also allows for liquidated damages, which can effectively double the back wages, plus your attorney's fees and court costs if you win. That fee-shifting feature is important: it is why many employment lawyers will take a strong wage case on contingency, meaning you do not pay out of pocket up front.
You usually have two main paths. First, you can file a wage claim or complaint with the U.S. Department of Labor's Wage and Hour Division or with your state labor agency, which will investigate at no cost to you. Second, you can file a private lawsuit, on your own or as part of a group (a collective or class action) of coworkers who were underpaid the same way. You do not have to exhaust the government complaint process before suing for unpaid wages under the FLSA.
One critical point: deadlines apply. Under the FLSA, claims generally must be brought within a limited window from when the violation happened, and that window can be extended if the employer's violation was willful. State wage laws have their own separate deadlines, which are often longer. Because these time limits vary and missing one can end your case, do not sit on a claim.
"Can I Sue My Employer for Cutting My Hours?"
This one surprises people. In general, cutting your hours by itself is usually not illegal. Most U.S. workers are employed "at will," which means that unless you have a contract or union agreement that says otherwise, your employer can reduce your scheduled hours going forward. What matters is that you are paid correctly for the hours you do work.
However, a reduction in hours can become illegal, and grounds for a claim, in specific situations:
Retaliation. If your hours were slashed because you complained about unpaid wages, reported a safety issue, requested overtime you were owed, or filed a discrimination charge, that is retaliation. The FLSA, OSHA, Title VII (enforced by the EEOC), and other laws prohibit punishing workers for exercising their rights.
Discrimination. If hours were cut because of your race, sex, religion, national origin, age (under the ADEA), disability (under the ADA), or another protected trait, that can violate anti-discrimination law.
Breach of contract. If a written contract or collective bargaining agreement guaranteed your hours, cutting them may break that agreement.
Unpaid work after the cut. If your hours were reduced on paper but you are still expected to do the same work off the clock, that is a wage violation.
So the honest answer is: cutting hours alone is usually legal, but the reason behind it can make it unlawful, and you should still be paid in full for everything you actually worked.
"Can My Employer Cut My Pay to Minimum Wage If I Quit?"
Your employer cannot retroactively reduce wages you already earned. Once you have worked the hours, you are entitled to be paid at the rate that was in effect when you did the work. Lowering your pay for hours you already completed, or refusing to pay your final paycheck, is a wage violation you can act on.
Going forward is different. An employer can generally change your pay rate prospectively (for future hours) as long as the new rate is at or above the applicable minimum wage and you are told before you work those hours. But they cannot punish you for quitting by clawing back pay you already earned.
Final paychecks and "penalty" rules vary a lot by state. Many states have specific laws about how quickly you must receive your last paycheck after quitting or being fired, whether unused vacation must be paid out, and whether the employer owes you extra "waiting time" penalties for paying late. These rules are set at the state level and differ widely, so this varies by state. Check your state labor department for the exact rule that applies to you.
How to Build and File Your Claim
Strong wage cases are won with good records. Start documenting now, even if you are not sure you will file:
Track your hours. Keep your own log of start times, end times, and breaks. Note any work done before clocking in or after clocking out.
Save your pay records. Hold on to pay stubs, direct-deposit records, and any timesheets or schedules. Note your promised rate of pay.
Keep communications. Save texts, emails, or messages about your schedule, pay rate, tips, deductions, or any promises made.
Write down names. Note coworkers affected the same way; collective claims can be stronger and is one reason employers settle.
When you are ready, you can file a complaint with the U.S. Department of Labor's Wage and Hour Division, which accepts complaints confidentially and free of charge, or with your state labor department, which may offer a faster, simpler claims process for smaller amounts. You can also speak with a private employment lawyer about a lawsuit. The agencies can investigate and recover back wages without you hiring anyone.
If your situation also involves discrimination or retaliation tied to a protected characteristic, there is an added wrinkle: claims under laws like Title VII, the ADA, and the ADEA usually require you to first file a charge with the EEOC, and that charge has a strict, relatively short filing deadline. Missing it can bar your claim, so move quickly if discrimination is part of the picture.
When It Is Worth Talking to a Lawyer
You do not need a lawyer to file a wage complaint with the Department of Labor or your state agency, and for a clear-cut, smaller claim the agency route may be all you need. But it is worth a free consultation with an employment lawyer when the amount is significant, when many coworkers were affected, when your employer misclassified you or retaliated against you, or when discrimination is involved. Many employment attorneys offer free initial consultations and take wage cases on contingency, meaning they are paid out of what they recover for you, partly because the FLSA lets a prevailing employee recover attorney's fees from the employer.
Two reminders before you decide: deadlines are real and they vary, especially the EEOC charge deadline for any discrimination piece and the time limits on FLSA and state wage claims; and it is illegal for your employer to fire, demote, or otherwise retaliate against you for asserting your wage rights. If they do, that retaliation can be a separate claim of its own.
This article is general information to help you understand your options, not legal advice about your specific situation. Wage laws differ by state and the facts of your case matter, so use this as a starting point for the questions you bring to an agency or attorney.
The law behind your rights at work
Minimum wage, overtime, and break rules start with the federal Fair Labor Standards Act; your state often requires more.
Your state and city matter. Federal law is the floor — many states and cities require higher pay, more leave, and broader protections. Always check your state’s rules (and any local ordinances) in addition to the federal laws above. This is general legal information, not legal advice.
Frequently asked questions
Can I sue my employer for paying me less than minimum wage?
Usually yes. If you were paid below the federal minimum or the higher state or local minimum that applies to you, the FLSA lets you recover the unpaid difference, often plus liquidated damages that can double it, along with attorney's fees. You can file a free complaint with the U.S. Department of Labor's Wage and Hour Division or your state labor department, or bring a private lawsuit. Strict deadlines apply, so act promptly.
Can I sue my employer for cutting my hours?
Usually not for the cut alone. Most workers are employed at will, so an employer can reduce future hours unless a contract or union agreement says otherwise. It becomes unlawful if the hours were cut to retaliate against you for a protected complaint, to discriminate based on a protected trait, or in breach of a contract. You must still be paid in full for every hour you actually work.
Can my employer cut my pay to minimum wage if I quit?
They cannot reduce pay for hours you already worked or withhold your final paycheck. You are owed your earned wages at the rate in effect when you did the work. Employers can lower pay only going forward and only if you are told before the work and the new rate meets the applicable minimum. Many states also have specific final-paycheck timing and penalty rules, which vary by state.
How much does it cost to file a wage claim?
Filing a complaint with the U.S. Department of Labor's Wage and Hour Division or your state labor agency is free, and they investigate at no cost to you. If you hire a private employment lawyer, many take wage cases on contingency and offer free consultations, partly because the FLSA allows a winning employee to recover attorney's fees from the employer.
What is the deadline to sue for unpaid wages?
Under the FLSA there is a limited window from the date of the violation, which can be longer if the violation was willful. State wage laws set their own deadlines, which are often longer and vary by state. If your case also involves discrimination or retaliation under laws like Title VII, the ADA, or the ADEA, you typically must file an EEOC charge first within a short, strict deadline. Because missing a deadline can end your claim, do not wait.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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