The federal minimum wage for non-exempt employees is $5.15 an hour. The Fair Labor Standard Act (FLSA) contains the federal wage provisions. Most of the states have their own minimum wage laws. Many employees are subject to both state and federal minimum wage laws. In this case, employers are required to give the higher wage to their employees.

If an employee does not receive the minimum wage he is entitled to, he can file a minimum wage claim to the Division of Labor Standards Enforcement (DLSE), or file a lawsuit in court against the employer to recover the deficient wage.
Procedures of a Wage Claim
1. An employee (plaintiff) alleging the short payment wage by his or her employer (defendant), must file and complete a claim to the local office of the Division of Labor Standards Enforcement to initiate investigation.
2. A Deputy Labor Commissioner will evaluate the case based on the circumstances of the claim and the information presented
3. Within thirty days of filing the claim, the Deputy shall notify the parties as to the specific action that will be taken initially regarding the claim:
0 Referral to a conference
0 Referral to a hearing
0 Dismissal of the claim
4. If the decision has been made by the deputy to hold a conference, […]

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