Wages and Hours
Worked: |
Minimum Wage |
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Frequently Asked Questions |
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The federal minimum wage for covered, nonexempt employees is $5.85 per hour effective July 24, 2007; $6.55 per hour effective July 24, 2008; and $7.25 per hour effective July 24, 2009. The federal minimum wage provisions are contained in the
Fair Labor Standards Act (FLSA),
which is administered and enforced by the U.S. Department of Labor (DOL) Employment Standards Administration's Wage and Hour Division. Many
states also have minimum wage
laws. In cases 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.
The FLSA contains some exceptions (or exemptions) from the minimum wage requirement. Some exceptions apply to specific types of businesses and others apply to specific types of work. It also provides for the employment of certain individuals at wage rates below the minimum wage. See subminimum wages.
Wages required by FLSA are due on the regular payday for the pay period
covered. Deductions made from wages for such items as cash or merchandise
shortages, employer-required uniforms, and tools of the trade, are not legal to
the extent that they reduce the wages of employees below the minimum rate
required by FLSA or reduce the amount of overtime pay due under FLSA.
The FLSA does not provide for wage payment or collection procedures for an
employee's wages or commissions in excess of those required
by the FLSA. However, some states do have laws under which
such claims may be filed.
Federal employees are subject to additional rules enforced by the Office of Personnel Management.
It should also be noted that there are a number of employment practices
that the FLSA does not regulate. For example, FLSA does not require:
- vacation, holiday, severance, or sick pay;
- meal or rest periods, holidays off, or vacations;
- premium pay for weekend or holiday work;
- pay raises or fringe benefits; and
- a discharge notice, reason for discharge, or immediate payment of
final wages to terminated employees.
BASIC INFORMATION
FACT SHEETS
E-TOOLS
POSTERS
Every covered employer must keep certain records for each non-exempt worker. The Fair Labor Standards Act (FLSA) requires no particular form for the records, but does require that the records include certain identifying information about the employee and data about the hours worked and the wages earned. For a listing of the basic records that an employer must maintain, see the FLSA recordkeeping fact sheet.
Prior to paying an employed person the subminimum wage, as allowed under certain provisions of the FLSA, employers may have to apply for a certificate from the U. S. Department of Labor. See the form instructions page for additional information.
- State Labor Offices - When the state laws differ from the federal Fair Labor Standards Act (FLSA), an employer must
comply with the standard most protective to employees.
- State Labor Laws
- Employment Standards Administration (ESA)
Wage and Hour Division
200 Constitution Avenue, NW
Room S-3502
Washington, DC 20210
Contact WHD
Tel: 1-866-4USWAGE (1-866-487-9243)
TTY: 1-877-889-5627
Local Offices
- For questions on other DOL laws,
please call DOL's
Toll-Free Help Line at 1-866-4-USA-DOL. Live assistance is available in English
and Spanish, Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time.
Additional service is available in more than 140 languages through a
translation service. Tel: 1-866-4-USA-DOL
TTY: 1-877-889-5627
*Pursuant to the U.S. Department of Labor's Confidentiality Protocol
for Compliance Assistance Inquiries, information provided by a telephone caller
will be kept confidential within the bounds of the law. Compliance assistance
inquiries will not trigger an inspection, audit, investigation, etc.
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