Federal Law require the payment of overtime compensation, or time and one-half, to most hourly employees who work more than 40 hours per workweek. Under the Fair Labor Standards Act ("FLSA"), non-exempt employees are entitled to overtime compensation calculated as 1.5 times the worker’s regular hourly rate.  State and federal law exempt certain types of employees from the FLSA’s overtime provisions, though many "exempt" employees are wrongly misclassified by their employers resulting in unpaid wages.

Minimum Wage must be paid "free and clear" of impermissible deductions that reduce the overall pay to below minimum wage. Workers paid on a fixed rate, day rate, or weekly rate must be paid an average hourly rate above the applicable Minimum Wage. Tipped employees may be paid less directly by their employers, but the employer must make up the difference if tips do not exceed the minimum wage rate. 

Federal law requires unpaid overtime and minimum wage claims to be filed within two years of the date of violation; in the case of a willful violation, the law requires the case to be filed within three years. Therefore, it is important to promptly assert your rights to being properly paid.