Minimum Wage
Minimum Wage Laws
Federal minimum wage law was established by the Fair
Labor Standards Act (FLSA), which also has provisions
for regulating equal pay, child
labor and overtime pay.
A new
minimum wage law, entitled the Fair Minimum Wage
Act of 2007, amended the FLSA.
Federal minimum wage law is enforced under the FLSA by the U.S.
Department of Labor, Wage and Hour Division, for employees
of private-sector businesses.
The Wage and Hour Division also enforces FLSA minimum wage
law for employees of state and local governments, and Federal
employees of the Library of Congress, U.S. Postal Service,
Postal Rate Commission, and the Tennessee Valley Authority.
The U.S. Office of Personnel
Management enforces minimum wage law for other Federal
employees, while the U.S. Congress enforces it for congressional
employees.
States may enact their own minimum wage laws that include
or expand the minimum protections afforded by the FLSA; for
example, states may mandate higher hourly pay rates than
does the FLSA. Many states have enacted such laws, while
others have simply adopted the FSLA "as is".
Municipalities might have enacted their own minimum wage
laws too, that include or expand the protections afforded
at the state level. (Consequently, the information in this
article may differ under state and municipal FLSA equivalents.)
You are protected by whichever law—Federal, state or
municipal—is the most generous.
For example, on January 1, 2008, San Francisco's minimum
wage law (ordinance)
mandated $9.36 per hour, while California's equivalent
law mandated $8.00 across the state. Both were higher
than the hourly rate mandated by Federal law (FLSA) at
the time. Employers must pay the higher amounts to their
eligible California employees.
A few states mandate hourly pay rates that are lower than
the Federal equivalent, presumably to ensure that employees
who are not covered by the FLSA aren't forced to work for
less. Regardless, employees in those states who are covered
by the FLSA are entitled to receive the higher, Federal minimum
wage. The FLSA always rules, except in states and municipalities
that have more generous minimum wage laws.
See State Labor Laws to
research your work state's minimum wage law. Browse the Web
site of the appropriate state
labor department for the current dollar amount or related
contact information. (Check at the municipal level too, such
as with the city council.) Contact information is likely
also in the government pages of your local phone directory.
If you reasonably believe that you are eligible to receive
the Federal or state minimum wage, but your employer is paying
you a lower hourly amount, then you likely may file a wage
claim with the wage and hour (or equivalent) division of
the state labor department.
For legal advice, such as which between filing a claim or
lawsuit is the better way to go in your particular situation,
consult a lawyer. Such lawsuits
are typically referred to as "wage and hour" lawsuits
and many are class
actions.
Under the FLSA or an equivalent state minimum wage law,
your employer may not retaliate against
you for filing a wage and hour claim
or lawsuit, for participating in related proceedings,
or for consulting a lawyer.
The same goes for witnesses, such as coworkers, who testify
on your behalf.
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