What
is the federal minimum wage?
The federal minimum
wage covered nonexempt employees is $5.15
an hour. The federal minimum wage provisions
are contained in the Fair Labor Standards
Act (FLSA). Many states also have minimum
wage laws. Where an employee is subject to
both the state and federal minimum wage laws,
the employee is entitled to higher of the
two minimum wages.
What
is the minimum wage for workers who receive
tips?
An employer of a tipped
employee is only required to pay $2.13 an
hour in direct wages if that amount plus the
tips received equals at least the federal
minimum wage, the employee retains all tips
and the employee customarily and regularly
receives more than $30 a month in tips. If
an employee's tips combined with the employer's
direct wages of at least $2.13 an hour do
not equal the federal minimum hourly wage,
the employer must make up the difference.
Some states have minimum
wage laws specific to tipped employees. When
an employee is subject to both the federal
and state wage laws, the employee is entitled
to the provisions of each law which provide
the greater benefits.
Must
young workers be paid the minimum wage?
A minimum wage of $4.25
per hour applies to young workers under the
age of 20 during their first 90 consecutive
calendar days of employment with an employer,
as long as their work does not displace other
workers. After 90 consecutive days of employment
or the employee reaches 20 years of age, whichever
comes first, the employee must receive a minimum
wage of $5.15 per hour.
What
minimum wage exceptions apply to full-time
students?
The Full-time Student
Program is for full-time students employed
in retail or service stores, agriculture,
or colleges and universities. The employer
that hires students can obtain a certificate
from the Department of Labor which allows
the student to be paid not less than 85% of
the minimum wage. The certificate also limits
the hours that the student may work to 8 hours
in a day and no more than 20 hours a week
when school is in session and 40 hours when
school is out, and requires the employer to
follow all child labor laws. Once students
graduate or leave school for good, they must
be paid $5.15 per hour.
There are some limitations
on the use of the full-time student program.
For information on the limitations or to obtain
a certificate, contact the Department of Labor
Wage and Hour Southwest Region Office at 525
S. Griffin Square, Suite 800, Dallas, TX,
75202, telephone: (972) 850-2603.
What
minimum wage exceptions apply to student learners?
This program is for
high school students at least 16 years old
who are enrolled in vocational education (shop
courses). The employer that hires the student
can obtain a certificate from the Department
of Labor which allows the student to be paid
not less than 75% of the minimum wage, for
as long as the student is enrolled in the
vocational education program.
Employers interested in
applying for a student learner certificate
should contact the Department of Labor Wage
and Hour Regional Office with jurisdiction
over their state. The Regional Office addresses
and telephone numbers are:
Northeast Region (Connecticut, Delaware, District
of Columbia, Maine, Maryland, Massachusetts,
New Hampshire, New Jersey, New York, Pennsylvania,
Puerto Rico, Rhode Island, Vermont, Virgin
Islands, Virginia, and West Virginia)
USDOL Wage and Hour Division
Curtis Center
170 South Independence Mall, West
Room 850, West
Philadelphia, PA 19106
(215) 861-5800
Southeast
Region (Alabama, Florida, Georgia,
Kentucky, Mississippi, North Carolina, South
Carolina, and Tennessee)
USDOL Wage and Hour Division
Atlanta Federal Center
61 Forsyth Street SW, Room 7M40
Atlanta, GA 30303
(404) 562-2202
Midwest
Region (Illinois, Indiana, Michigan,
Minnesota, Ohio, Wisconsin, Iowa, Missouri,
Kansas and Nebraska)
USDOL Wage and Hour Division
230 South Dearborn Street
Room 530
Chicago, IL 60604-1591
(312) 596-7180
Southwest
Region (Arkansas, Colorado, Louisiana,
Montana, New Mexico, North Dakota, Oklahoma,
South Dakota, Texas, Utah, and Wyoming)
USDOL Wage and Hour Division
525 South Griffin Square, Suite 800
Dallas, TX 75202
(972) 850-2600
Western
Region (Alaska, Arizona, California,
Hawaii, Idaho, Nevada, Oregon, and Washington)
USDOL Wage and Hour Division
71 Stevenson Street, Suite 930
San Francisco, CA 94105
(415) 975-4510
Other programs that
allow for payment of less than the full federal
minimum wage apply to disabled workers and
full-time students employed pursuant to sub-minimum
wage certificates.
How
often does the federal minimum wage increase?
The minimum wage does
not increase automatically. Congress must
pass a bill which the President signs into
law in order for the minimum wage to go up.
Who
makes sure workers are paid the minimum wage?
The Wage and Hour Division
of the U.S. Department of Labor is responsible
for enforcing the minimum wage. Using both
enforcement and public education efforts,
Wage and Hour strives to ensure that workers
are paid the minimum wage.
To
whom does the minimum wage apply?
The minimum wage law
(the FLSA) applies to employees of enterprises
that do at least $500,000 in business a year.
It also applies to employees of smaller firms
if the employees are engaged in interstate
commerce or in the production of goods for
commerce, such as employees who work in transportation
or communications or who regularly use the
mails or telephones for interstate communications.
It also applies to employees of federal, state
or local government agencies, hospitals and
schools, and it generally applies to domestic
workers.
What
happens if state law requires a different
minimum wage than federal law?
Where state law requires
a higher minimum wage, that higher standard
applies.
