The minimum wage ensures employers pay employees a fair compensation for worked hours. The Fair Labor Standards Act (FLSA) sets the federal minimum wage at $7.25 per hour. State laws may provide employees with a higher minimum wage. However, minimum wage protects employers from forcing employees to work for pennies or nothing at all.
Employers who refuse to pay minimum wage violate wage and hour laws. In some cases, they insist employees work overtime without extra pay. Sometimes, they deduct money from an employee’s paycheck for uniforms, leaving an employee with less than minimum wage. Sometimes, an employer will try to convince an employee they are not entitled to their state’s minimum wage even if the job is not a federal employment position.
These acts violate the FLSA and wage and hour laws. Any employee facing such violations has the right to fight back for fair compensation. A top wage and hour lawyer from the Derek Smith Law Group in New York City, Philadelphia, Miami, Los Angeles, San Francisco, and New Jersey can help ensure you get the compensation you deserve.
Tell us about your situation so we can get started fighting for you. We tailor each case to meet our clients’ needs.
Minimum wage is the lowest hourly rate an employer must pay an employee. The FLSA sets the federal minimum wage as $7.25 per hour. State labor laws may set the minimum wage for the state at a higher rate. The state minimum wage cannot legally be less than the federal minimum wage.
Employers must pay their employees the highest minimum wage in their state. Therefore, employers must pay state or private sector employees the state minimum wage rate if it is higher than the federal minimum wage rate. Federal employers can follow the federal minimum wage despite the state minimum wage rate.
Not all employees must make minimum wage. Exempt employees are excluded from the minimum wage rule. These employees can work well over 40 hours per week without extra pay or overtime pay. However, for an employer to classify an employee as exempt, the employee must fit the following criteria:
Other types of employees exempt from minimum wage requirements include but are not limited to outside sales reps who work on commission, small farm workers, and casual babysitters. The top wage and hour lawyers at the Derek Smith Law Group can help you determine your rights to minimum wage.
Tipped employees earn a minimum wage. However, it is lower than the minimum wage for non-tipped employees. Employers of tipped employees receive a tip credit to lower the minimum wage of tipped employees. Under federal law, the minimum wage for a tipped employee is $2.13. The tip credit is $5.12. However, employers must pay the difference in the employee’s paycheck if a tipped employee does not cover the tipped credit from earned tips.
Non-exempt employees are paid hourly. Hourly employees are entitled to overtime pay for hours worked over 40 a week. Hourly employees are entitled to earn at least the federal or state-mandated minimum wage. The Fair Labor Standards Act (FLSA) requires all employers to pay non-exempt employees 1.5 times their hourly wage for every hour of overtime worked. Therefore, minimum wage employees must earn 1.5 times the minimum wage for overtime.
Minimum wage violations are a form of wage theft. Employees cannot commit wage theft without consequences. If your employer violates minimum wage laws, you are entitled to back pay for stolen wages. Depending on your state, your employer may also owe you liquidated damages, which is two times the amount of lost wages owed.
In some cases, especially when employers purposely commit illegal wage and hour acts, your employer may owe you punitive damages (money intended to punish them and prevent them from committing illegal acts again).
Employers must follow minimum wage laws. However, when they violate these laws, you can hold them accountable. Minimum wage violations can include but are not limited to the following situations:
You have the right to demand fair compensation for worked hours. When your employer denies you this right, they are committing an act of wage theft. As a result, you have the right to hold them accountable for their actions. First, you can speak with your employer or HR team about the wage theft you experienced. However, if your HR team or employer ignored your complaint, you have the right to speak with a lawyer and file a claim with the Department of Labor regarding minimum wage violations. The best wage and hour lawyers at the Derek Smith Law Group can help you fight for your right to fair compensation.
You have every right to complain about wage theft due to your employer’s minimum wage violations. Your employer does not have the right to fire you in retaliation for you speaking up for your rights. If your employer fires you, it is an act of wrongful termination. You have a right to fight back against retaliation and wrongful termination to hold your employer accountable for their illegal actions. The top wage and hour lawyers at the Derek Smith Law Group can help you fight against retaliation and wrongful termination.
You have a right to earn minimum wage for your worked hours. The minimum wage is the lowest wage considered fair compensation for worked hours. If your employer refuses to abide by the minimum wage laws, you have the right to fight back. The best wage and hour lawyers at the Derek Smith Law Group can help you get the compensation you deserve. Call us at 800.807.2209 for a free consultation.
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Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry’s standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also t…
Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry’s standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also t…
Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry’s standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also t…
The federal minimum wage is $7.25 per hour. State minimum wage varies. In some states, it is the same as the federal minimum wage. Some states provide a higher minimum wage. You can check here to find the minimum wage for your state.
Employers must pay the higher minimum wage unless the employer is the federal government.
You have a right to get a fair wage. If your employer fires you, they are retaliating against you, and it is considered wrongful termination.
You should file your lawsuit for wage theft due to minimum wage violations within the 2-year statute of limitations. If your employer violated the law intentionally, you have three years to file your minimum wage violation claim.
Overtime must be 1.5 times your standard hourly pay. If you make minimum wage, your overtime pay must be 1.5 times the minimum wage. Employees who earn minimum wage are entitled to overtime pay.
If salaried employees meet the criteria needed to classify them as exempt, they are not entitled to minimum wage.
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The law says employees must earn federal minimum wage as fair compensation for worked hours. If your employer violated your rights, call us for a free consultation. 800.807.2209
Tell us about your situation so we can get started fighting for you. We tailor each case to meet our clients' needs.
