EMPLOYEE RIGHTS
    UNDER THE FAIR LABOR STANDARDS ACT

    THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION


    FEDERAL MINIMUM WAGE
    $7.25
    PER HOUR
    BEGINNING JULY 24, 2009


    OVERTIME PAY   At least 1 times your regular rate of pay for all hours worked over 40 in a workweek.

    CHILD LABOR   An employee must be at least 16 years old to work in most non-farm jobs and at least 18 to work in non-farm jobs declared hazardous by the Secretary of Labor.

    Youths 14 and 15 years old may work outside school hours in various non-manufacturing, non-mining, non-hazardous jobs under the following conditions:
    No more than
    • 3 hours on a school day or 18 hours in a school week;
    • 8 hours on a non-school day or 40 hours in a non-school week.

    Also, work may not begin before 7 a.m. or end after 7 p.m., except from June 1 through Labor Day, when evening hours are extended to 9 p.m.   Different rules apply in agricultural employment.

    TIP CREDIT   Employers of “tipped employees” must pay a cash wage of at least $2.13 per hour if they claim a tip credit against their minimum wage obligation.   If an employee's tips combined with the employer's cash wage of at least $2.13 per hour do not equal the minimum hourly wage, the employer must make up the difference.   Certain other conditions must also be met.

    ENFORCEMENT   The Department of Labor may recover back wages either administratively or through court action, for the employees that have been underpaid in violation of the law.   Violations may result in civil or criminal action.

    Employers may be assessed civil money penalties of up to $1,100 for each willful or repeated violation of the minimum wage or overtime pay provisions of the law and up to $11,000 for each employee who is the subject of a violation of the Act’s child labor provisions.   In addition, a civil money penalty of up to $50,000 may be assessed for each child labor violation that causes the death or serious injury of any minor employee, and such assessments may be doubled, up to $100,000, when the violations are determined to be willful or repeated.   The law also prohibits discriminating against or discharging workers who file a complaint or participate in any proceeding under the Act.

    ADDITIONAL INFORMATION
    • Certain occupations and establishments are exempt from the minimum wage and/or overtime pay provisions.

    • Special provisions apply to workers in American Samoa and the Commonwealth of the Northern Mariana Islands.

    • Some state laws provide greater employee protections; employers must comply with both.

    • The law requires employers to display this poster where employees can readily see it.

    • Employees under 20 years of age may be paid $4.25 per hour during their first 90 consecutive calendar days of employment with an employer.

    • Certain full-time students, student learners, apprentices, and workers with disabilities may be paid less than the minimum wage under special certificates issued by the Department of Labor.


      For Additional Information:
      1-866-4-USWAGE
      (1-866-487-9243) TTY: 1-877-889-5627

      WWW.WAGEHOUR.DOL.GOV




   

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