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.

Written by Amsberry Law Firm

Amsberry Law Firm

Mr. Amsberry is board-certified in family and labor and employment law by the Texas Board of Legal Specialization. He is also active in family law, estate and elder law, and business law. He is a proven litigator who has argued before the United States 5th Circuit Court of Appeals and earned favorable outcomes in complex, precedent-setting employment and civil rights cases. He served as a reservist assistant judge advocate general in the U.S. Army and is a sought-after lecturer and speaker on a range of legal issues.