Frequently Asked Questions
Q
What is the minimum wage?
A
The federal minimum wage for covered nonexempt
employees is $5.15 per hour. The federal minimum wage provisions are
contained in the Fair Labor Standards Act (FLSA). 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.
Q
What is the minimum wage for workers
who receive tips?
A
The Fair Labor Standards Act (FLSA) sets a federal
minimum wage of $5.15 per hour for 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
Must
young workers be paid the minimum
wage?
A
The federal minimum wage is $5.15 per hour. However, a special
minimun 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.
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:
-
Non-school hours;
-
3 hours in a school day;
-
18 hours in a school week;
-
8 hours on a non-school day;
-
40 hours on a non-school week; and
-
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:
-
Workers 18 years or older may perform any job, whether hazardous or not;
-
Workers 16 and 17 years old may perform any non-hazardous jobs; and
-
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?
To contact us:
Phone: 410-822-5400 ext. 266
(410)822-1716,
(410) 822-5400 ext. 270, 758-1537, or 228-4360, TDD 822-9164
Email: uswib@chesapeake.edu
Upper Shore Workforce Investment Board
P.O. Box 8
Wye Mills, Maryland 21679
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