Understanding Your Rights Under the Fair Labor Standards Act

The Fair Labor Standards Act was passed way back in 1938 to ensure that all U.S. workers are fairly compensated for their labor. You’ve probably seen information about the Fair Labor Standards Act posted in your workplace, but have you ever taken the time to actually read it? In today’s blog post, we’re breaking down the basics of your rights under this law. 

Minimum Wage

The law states that you must be paid at least minimum wage for every hour you work. Federal minimum wage is $7.25 an hour. Some states have higher minimum wages at the state level, and workers there are entitled to that higher rate of pay. Texas, however, sticks with the federally mandated $7.25.

It may seem silly, but you should check your employer’s math to ensure that you’re getting paid what you should be. Your employer is not allowed to pay you based on an average of hours worked or pay you less than minimum wage for certain hours.


Tips can count toward your minimum wage even though they are not being paid to you directly by your employer. However, if you are paid based on tips and you do not receive enough tips to equate to minimum wage, it is your employer’s responsibility to make up the difference.

How You Get Paid

Your employer is required to pay you in cash or to use a payment method that you can easily access as cash, such as direct deposit into your bank account. They are NOT allowed to pay you in gift cards to their store or anything of that nature. In some cases, food and lodging are considered legal forms of compensation.


The Fair Labor Standard Acts also regulates that employees should be paid time and a half for overtime. That means you are paid 150% of your normal pay rate for any hours worked beyond 40 hours in a workweek. 

What should I do if my rights have been violated?

If you think that your rights as a worker have been violated, we can help. The Amsberry Law Firm team has extensive experience helping clients navigate employment law issues. We offer new clients a free consultation by phone. Contact us today to schedule yours.

Attorney Russell Amsberry

Attorney Russell J.G. Amsberry

Attorney Russell J.G. Amsberry founded the Amsberry Law Firm in 1995 with the goal of providing clients with exceptional, focused representation on their issues. His success as a legal advocate has been reflected in the numerous professional honors he has received, such as speaking engagements and inclusion in Scene in SA magazine’s listing of the best lawyers in San Antonio, a Distinguished rating from Martindale-Hubble, and an amazing rating from Avvo. [ Attorney Bio ]

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Amsberry Law Firm

The Amsberry Law Firm, founded in 1995, has helped thousands of clients overcome their unique legal challenges.

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