Know your rights to a fair wage
The Fair Labor Standards Act (FLSA) is the federal law that covers both minimum wage and overtime
No matter what state you live in, your employer must comply with the FLSA
Minimum Wage Law: Employees must be paid for every hour they work
This is true even if…
- you’re a salaried employee
- you work on commission
- you’re paid piecework
- you get tips
In any of these cases, your average earnings per hour must come up to minimum wage.
Minimum Wage Test
On a 40-hour workweek,is your gross pay (before taxes and other deductions are taken out) at least $290? If not, you might have a claim.
Minimum wage as of 7.24.09:
$7.25 per hour
In some states, it may be more but for the most part, it cannot be less
Overtime Law: Eligible employees must be paid overtime for all work over 40 hours in one week—even if your paycheck is issued biweekly
The overtime law applies to many, but not all, jobs. There are certain exceptions, depending on the work you do and how you’re paid. Usually, these exceptions require that your employer pay you a guaranteed salary of at least $455 per week.
Overtime Test
If you’re a salaried employee working overtime, is your weekly gross pay (before taxes and other deductions are taken out) at least $455? If not, you might have a claim for overtime.
Even if you’re paid as a salaried employee, you may be eligible for overtime pay.
Overtime pay =
1 ½ times your regular hourly rate
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