Your rights at a part-time job

Part-time workers are covered by the same basic wage laws as full-time staff. This page covers the federal basics, where state law adds more, and how to raise a problem with your pay.

Minimum wage and overtime

The federal Fair Labor Standards Act sets a minimum hourly wage for most jobs. Many states and some cities set a higher minimum, and when they do, the employer generally has to pay the higher rate. Your state labor office publishes the current rate where you work.

Most hourly workers who work more than 40 hours in a single workweek must be paid overtime at one and a half times their regular rate. Part-time students rarely reach that, but a busy week at one employer can push you over. A few states also require overtime after a set number of hours in one day.

Pay for all the time you work

Time you are required to spend working counts as work time, even when it happens before you clock in or after you clock out. That generally includes required training, setting up before a shift, closing duties and staff meetings. Ask your supervisor how to record that time if the system misses it.

If you earn tips, federal law lets an employer count part of your tips toward the minimum wage only under set conditions, and some states forbid the practice entirely. Your total pay still has to reach the minimum. Keep your own record of hours and tips in a notebook or a phone app.

Records worth keeping

• Dates and hours of every shift
• Your pay stubs
• Your offer letter or stated hourly rate
• Notes on any pay problem you raised

Breaks, schedules and final pay

Several states require meal or rest breaks for adult workers, although federal law does not. Rules on scheduling notice, split shifts and the timing of a final paycheck also come from state law and sometimes from local law. Your state labor office explains which rules apply where you work.

Campus jobs, including work-study positions, generally have to pay at least the federal minimum wage as well. Safety concerns go to OSHA or a state safety agency, and discrimination or harassment complaints go to the Equal Employment Opportunity Commission or a state civil rights agency.

Raising a problem

Start by asking your supervisor or the payroll office, with your own record of hours in hand. Many pay errors are simple mistakes that get corrected on the next check. Put the request in writing so there is a record of when you asked.

When a problem stays unresolved, you can file a complaint with the Department of Labor's Wage and Hour Division or your state labor department. Federal law prohibits employers from retaliating against workers who file a wage complaint. The Wage and Hour Division keeps the identity of the person who complained confidential as far as the law allows.