Yes, it is generally illegal to pay less than the federal minimum wage ($7.25 per hour as of 2026) for non-exempt employees covered by the Fair Labor Standards Act (FLSA). While some specific exceptions exist for tipped employees, students, or workers with disabilities, these usually require special certification. U.S. Department of Labor (.gov) +3
Key Details on Minimum Wage Laws:
- Federal Minimum: The FLSA requires a minimum wage of not less than $7.25 per hour.
- State Laws: If a state has a higher minimum wage than the federal rate, employers must pay the higher state rate.
- Tipped Employees: Employers can pay a direct wage of $2.13 per hour, provided that the tips received bring the total hourly income to at least $7.25. If tips plus $2.13 do not equal $7.25, the employer must pay the difference.
- Exceptions (Subminimum Wage): Certificates from the Department of Labor may allow lower wages for certain student learners, full-time students in specific industries, or workers with disabilities, per the DOL Subminimum Wage Provisions.
- Under 20 Years Old: Employers may pay a “youth minimum wage” of not less than $4.25 per hour for the first 90 calendar days of employment. U.S. Department of Labor (.gov) +4
What to do if paid below minimum wage:
- You may contact the Department of Labor Wage and Hour Division to file a complaint.
- You may be able to file a lawsuit to recover back pay, as noted by legal resources like The Gomez
What happens if I’m being paid less than the minimum wage?
AI Overview
If you are paid less than the minimum wage, you are likely a victim of wage theft and can take legal action to recover the back pay, often with additional damages. You can file a complaint with the U.S. Department of Labor (Wage and Hour Division) or your state’s labor department, or file a private lawsuit, which may entitle you to double the unpaid wages (liquidated damages) plus attorney’s fees. U.S. Department of Labor (.gov) +2
Steps and Consequences:
- Investigate and File Claims: The DOL or state agency can investigate and force the employer to pay back wages, or you can file a private lawsuit.
- Recover Back Pay and Damages: Employers are generally liable for the unpaid wages plus an equal amount in liquidated damages (double the amount owed).
- Protection from Retaliation: It is illegal for employers to retaliate against you for reporting minimum wage violations.
- Exceptions: Some limited exceptions exist, such as for certain students, apprentices, or workers with disabilities, for whom a lower sub-minimum wage might be authorized.
Missouri Department of Labor and Industrial Relations (.gov) +6
What to Do:
- Document Everything: Keep detailed records of all hours worked, pay stubs, and any communication with your employer about wages.
- File a Complaint: Contact your state’s Department of Labor and Industry or the federal DOL.
- Consult an Attorney: An employment lawyer can help you file a private lawsuit if necessary