Minimum Wage Law

By order of the Department of Labor, effective July 24, 2009, the federal minimum wage rests at $7.25 per hour. Many states also choose to enact their own minimum wage requirements. In these cases, workers are entitled to the higher minimum wage.

If you are making less than $7.25 per hour, fill out our free case evaluation form. Our minimum wage lawyers will evaluate your claim, at no cost to you, to determine whether you are eligible to recover back wages.

Minimum Pay under the FLSA

The Fair Labor Standards Act (FLSA) outlines the requirements for minimum wage, as well as overtime pay. The FLSA states that businesses making at least $500,000 per year must pay their workers at least the minimum wage. It also applies to:

• Smaller businesses if their workers are engaged in the production of goods for commerce or interstate commerce
• Federal, state or local government agencies
• Hospitals
• Schools
• Domestic workers

Exceptions to Minimum Wage Law

While most workers must receive at least $7.25 per hour, there are exemptions under minimum wage law. For instance, workers under the age of 20 may be paid $4.25 per hour during their first 90 days of employment. After this introductory period, the employee must be paid at least $7.25 per hour. Likewise, some full-time students, apprentices and disabled workers may be paid less than minimum wage under special circumstances outlined by the Department of Labor.

Tipped Employees and Minimum Wage

Workers who earn tips, such as waiters and waitresses, must be paid at least $2.13 per hour, as long as:

• The worker earns at least $30 per month in tips
• The worker keeps all tips
• The worker's direct wage plus tips equals at least the federal minimum wage

Some states have their own rules regarding minimum wage and tipped employees. In these cases, the employee should be paid according to the provisions that provide the greater benefits.

If you receive less than minimum wage, your employer may be in violation of the Fair Labor Standards Act. By contacting our minimum wage attorneys, you may be able to recover proper wages because of your employer's violation. Federal law clearly outlines the standards for minimum wage, so don't let yourself work for less than $7.25 per hour. Contact our minimum wage lawyers today.