TEN (10) COMMON QUESTIONS ABOUT WAGES, PAY AND BENEFITS UNDER THE FLSA

1. What is the minimum wage?

The federal minimum wage provisions for covered, nonexempt employees are contained in the Fair Labor Standards Act (FLSA). The Fair Minimum Wage Act of 2007 included phased increases to the federal minimum wage.

* For work performed prior to July 24, 2007, the federal minimum wage is $5.15 per hour.

* For work performed from July 24, 2007 to July 23, 2008, the federal minimum wage is $5.85 per hour.

* For work performed from July 24, 2008 to July 23, 2009, the federal minimum wage is $6.55 per hour.

* For work performed on or after July 24, 2009, the federal minimum wage is $7.25 per hour.

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 the higher of the two minimum wages.

Various minimum wage exceptions apply under specific circumstances to workers with disabilities, full-time students, youth under age 20 in their first 90 consecutive calendar days of employment, tipped employees and student-learners.

  2. What is the minimum wage for workers who receive tips?

The Fair Labor Standards Act (FLSA) requires payment of at least the federal minimum wage to covered, nonexempt employees.  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 which provides the greater benefits.            

3. Must young workers be paid the minimum wage?

The Fair Labor Standards Act (FLSA) requires payment of at least the federal minimum wage to covered, nonexempt employees.  However, a special minimum wage of $4.25 per hour applies to employees under the age of 20 during their first 90 consecutive calendar days of employment with an employer. After 90 days, the Fair Labor Standards Act (FLSA) requires employers to pay the full federal minimum wage.

Other programs that allow for payment of less than the full federal minimum wage apply to workers with disabilities, full-time students, and student-learners employed pursuant to sub-minimum wage certificates. These programs are not limited to the employment of young workers.

4. When are pay raises required?

Pay raises are generally a matter of agreement between an employer and employee (or the employee’s representative). Pay raises to amounts above the federal minimum wage are not required by the Fair Labor Standards Act (FLSA).

5. Is extra pay required for weekend or night work?

Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee’s representative). The Fair Labor Standards Act (FLSA) does not require extra pay for weekend or night work. However, the FLSA does require that covered, nonexempt workers be paid not less than time and one-half the employee’s regular rate for time worked over 40 hours in a workweek.

6. How are vacation pay, sick pay, holiday pay computed and when are they due?

The Fair Labor Standards Act (FLSA) does not require payment for time not worked, such as vacations, sick leave or holidays (federal or otherwise). These benefits are a matter of agreement between an employer and an employee (or the employee’s representative).

The Fair Labor Standards Act (FLSA) requires payment of at least the federal minimum wage for all hours worked in a workweek and time and one-half an employee’s regular rate for time worked over 40 hours in a workweek. There is no requirement in the FLSA for severance pay. Severance pay is a matter of agreement between an employer and an employee (or the employee’s representative).

The Employee Benefits Security Administration (EBSA) may be able to assist an employee who did not receive severance pay required in his or her employment contract.

8. When must breaks and meal periods be given?

he Fair Labor Standards Act (FLSA) does not require breaks or meal periods be given to workers. Some states may have requirements for breaks or meal periods. If you work in a state which does not require breaks or meal periods, these benefits are a matter of agreement between the employer and the employee (or the employee’s representative).

9. Are periodic performance evaluations required?

The Fair Labor Standards Act (FLSA) does not require performance evaluations. Performance evaluations are generally a matter of agreement between an employer and employee (or the employee’s representative).

10. Can an employee be required to perform work outside of the employee’s job description?

Yes. The Fair Labor Standards Act (FLSA) does not limit the types of work employees age 18 and older may be required to perform. However, there are restrictions on what work employees under the age of 18 can do. This is true whether or not the work asked of the employee is listed in the employee’s job description.

Please use the form below to  contact our law office today for a free evaluation of your claim; or send an email to: RobbinsLawOffice@me.com; or call our office : (954) 946-8130; or call us on Skype: rose_33062_10011.   We look forward to hearing from you and discussing your case with you.

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