Can you claim?
Does this apply where you are?
US: Fair Labor Standards Act (FLSA), enforced by the DOL Wage and Hour Division (WHD)
UK: Employment Rights Act 1996 (ERA 1996) Part II — unlawful deductions from wages — plus the ACAS Early Conciliation requirement before an employment tribunal claim
Your rights
Fair Labor Standards Act (FLSA), enforced by the DOL Wage and Hour Division (WHD)
- Minimum wage overtime
- Federal minimum wage is $7.25 per hour (effective since 24 July 2009); where state and federal minimum wage both apply, the employee is entitled to the higher of the two. Covered nonexempt employees must receive overtime at 1.5x their regular rate of pay for hours worked over 40 in a workweek.
- Limitation period
- "For willful violations, the Department may recover back wages and an equal amount in liquidated damages for a period of up to 3 years."
- Complaint route
- Complaints can be filed with the DOL Wage and Hour Division; state wage laws (minimum wage, payday, and other requirements) vary by state and were not individually verified here.
Employment Rights Act 1996 (ERA 1996) Part II — unlawful deductions from wages — plus the ACAS Early Conciliation requirement before an employment tribunal claim
- Tribunal time limit
- Section 23(2) of the Employment Rights Act 1996 states "an employment tribunal shall not consider a complaint under this section unless it is presented before the end of the period of six months beginning with" the date of the deduction. Section 23(4) allows the tribunal to extend this if it wasn't reasonably practicable to present the complaint within that period.
- ACAS early conciliation
- Before lodging most employment tribunal claims, a claimant must notify Acas, which will offer early conciliation — a voluntary process where an Acas conciliator tries to help reach an agreement without going to tribunal. Notifying Acas does not change the underlying tribunal time limit, though the conciliation period itself can pause ('stop the clock' on) that time limit.
- HMRC minimum wage
- HMRC enforces the National Minimum Wage on behalf of the Fair Work Agency; workers can complain using the online 'Complain about pay and work rights' form, and can report an employer even after leaving the job. A complaint can't be taken forward if the worker has already started tribunal action for the same National Minimum Wage issue.
Evidence to gather
- Contract or offer letter
- Payslips
- Timesheets
- Bank statements
- Messages about pay
Steps
- Gather your evidence (see the list above).
- Send a written complaint to the business or provider, citing the rule for your region from "Your rights" above.
- If unresolved by their deadline, escalate using the route named in "Your rights" for your region.
- If still unresolved, consider your region's ombudsman, regulator, or small claims court — see "Your rights" for the specific option.
Your tools
Information, not legal advice. Figures verified against the official sources linked above.