Federal Minimum Wage Law
The first Federal minimum wage was $ 0.25 per hour in 1938. Signed in by FDR that year, the Fair Labor Standards Act (FLSA) has since been altered numerous times to reflect the changes in the countrys minimum wage. It was most recently increased from $ 6.55 an hour to $ 7.25 an hour on July 24th, 2009. Independently of the Act, many states have instituted their own minimum wage requirements.
If you are not being compensated according to Federal or state minimum wage law, you may be entitled to money in back wages. Keep reading to learn more about the Fair Labor Standards act and employment law, and whether a minimum wage lawyer can help you get the compensation you are entitled to.
Minimum Wage Provisions
The Fair Labor Standards Act guarantees certain individuals the right to the Federal minimum wage. For example, almost every organization that makes more than $ 500,000 a year is bound to provide minimum wage. Regardless of yearly income, these types of businesses are also held to FLSA standards:
Any business that conducts interstate commerce
Most public and private schools
Institutions for the mentally ill, disabled individuals, or the sick, in which clients live on-site
Agencies of any level of government
Minimum Wage for Minors
With few exceptions, minors are guaranteed a Federal minimum wage, but it is a temporarily lower amount:
For the first 90 days of employment, businesses are required to pay minors $ 4.25 an hour
After 90 days or on the employees 20th birthday (whichever comes first), the employee is entitled to $ 7.25 an hour
Minimum Wage for Tipped Employees
Workers that make over $ 30 a month in tips can have their tips considered as part of their wages. In these cases, the Federal minimum is $ 2.13 an hour. However, if that is not enough to bring the employee up to $ 7.25 an hour (when combined with tipped wages), the employer must make up the difference.
Differing State Minimum Wage
If there is a difference between state and Federal minimum wage requirements, employees are legally entitled to the higher amount. For instance, the states with a higher minimum wage than the Federal minimum wage are as follows: AK, CA, CT, IL, MA, ME, MI, NM, NV, OH, OR, RI, VT, WA.
The employment laws set out by the FLSA do not cover everyone. Employees of organizations that make less than $ 500,000 a year may be exempt. Furthermore, there are certain types of positions that may not be guaranteed minimum wage benefits:
Positions that are considered (by the FLSA) to be professional, administrative, or executive positions
Companions of the infirm
Certain skilled computer positions
Other exceptions and exemptions are detailed in the Fair Labor Standards Act on the Department of Labors website.
There may be other benefits that your state provides that are not listed here. For more information, visit http://www.usovertimelawyers.com to learn more and contact a wage and hour attorney.
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