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Q
What is the minimum wage?
A
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.
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For work performed prior to July 24, 2007, the
federal minimum wage is $5.15 per hour.
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For work performed from July 24, 2007 to July 23,
2008, the federal minimum wage is $5.85 per hour.
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For work performed from July 24, 2008 to July 23,
2009, the federal minimum wage is $6.55 per hour.
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For work performed on or after July 24, 2009, the
federal minimum wage is $7.25 per hour.
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Q
What is the minimum wage for workers
who receive tips?
A
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.
Q
When are pay raises required?
A
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).
Q
When must breaks and meal periods be
given?
A
The 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).
Q
Can an employee be required to perform
work outside of the employee's job description?
A
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.
Q
What is the youngest age at which a person can be employed?
A
The Fair Labor Standards Act (FLSA) sets 14 as the minimum age for
most non-agricultural work. However, at any age, youth may deliver
newspapers; perform in radio, television, movie, or theatrical
productions; work in businesses owned by their parents (except in
mining, manufacturing or hazardous jobs); and perform babysitting or perform minor chores around a
private home. Also, at any age, youth may be employed as homeworkers to
gather evergreens and make evergreen wreaths.
Q
When and how many hours can youth
work?
A
Under the Fair Labor Standards Act (FLSA), the minimum age for
employment in non-agricultural employment is 14. Hours worked by 14- and
15-year-olds are limited to:
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Non-school
hours;
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3
hours in a school day;
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18
hours in a school week;
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8
hours on a non-school day;
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40
hours on a non-school week; and
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hours
between 7 a.m. and 7 p.m. (except from June 1 through Labor Day,
when evening hours are extended to 9 p.m.)
Youth 14
and 15 years old enrolled in an approved Work Experience and Career
Exploration Program (WECEP)
may be employed for up to 23 hours in school weeks and 3 hours on school
days (including during school hours).
The FLSA
does not limit the number of hours or times of day for workers 16 years
and older.
Q
What kinds of work can youth perform?
A
Regulations governing youth employment in non-agricultural jobs
differ somewhat from those pertaining to agricultural employment. In
non-agricultural work, the permissible jobs, by age, are as follows:
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Workers
18 years or older may perform any job, whether hazardous or not;
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Workers
16 and 17 years old may perform any non-hazardous jobs; and
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Workers
14 and 15 years old may work outside school hours in various
non-manufacturing, non-mining, non-hazardous jobs.
Fourteen
is the minimum age for most non-agricultural work. However, at any age,
youth may deliver newspapers; perform in radio, television, movie, or
theatrical productions; work in businesses owned by their parents
(except in mining, manufacturing or on hazardous jobs); perform
babysitting or perform minor chores around a private home. Also, at any
age, youth may be employed as homeworkers to gather evergreens and make
evergreen wreaths.
Q Must a youth have a work permit to work?
A The Fair Labor Standards Act (FLSA) does not require that youth get
work permits or working papers to get a job. Some states
do require work permits prior to getting a job. School counselors may be
able to advise if a work permit is needed before getting a job.
Still have
questions?
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