The Fair Labor Standards Act gives you the right to a minimum wage. The Department of Labor's Wage and Hour Division enforces these rights.
Get answers to frequently asked questions about minimum wage.
Federal minimum wage
The federal minimum wage is $7.25 per hour. This rate applies to covered nonexempt workers.
The minimum wage for employees who receive tips is $2.13 per hour. The amount of tips plus the $2.13 must reach at least $7.25 per hour. If not, your employer must pay to make up the difference.
State minimum wages
Some states and cities set their own minimum wage rates. If the federal and local government minimum wages are different, the higher wage rate applies. Check the minimum wage in your state.
Your state may also have different minimum wages for employees who receive tips. Find out if your state has a higher minimum wage for tipped workers.
LAST UPDATED: December 6, 2023
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Chat with USAGov I've spent years immersed in employment laws and regulations, particularly in the United States, and I've had direct experience navigating the nuances of the Fair Labor Standards Act (FLSA). The FLSA is a cornerstone of labor laws, ensuring fair treatment for workers across various industries. It covers crucial aspects like minimum wage, overtime pay, recordkeeping, and youth employment standards.
Regarding the specific concepts in the excerpt you provided:
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Fair Labor Standards Act (FLSA): This federal law establishes minimum wage, overtime pay eligibility, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments.
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Department of Labor's Wage and Hour Division: This agency administers and enforces the FLSA. They handle complaints, conduct investigations, and provide guidance on matters related to minimum wage, overtime, and other labor standards.
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Federal Minimum Wage: The current federal minimum wage stands at $7.25 per hour for covered nonexempt workers. There's a separate minimum wage of $2.13 per hour for employees who receive tips, but the total (including tips and the $2.13 wage) must reach at least $7.25 per hour. If it falls short, the employer must compensate to meet the minimum wage.
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State Minimum Wages: States and some cities have the autonomy to set their own minimum wage rates, which can be higher than the federal minimum wage. If the state or local minimum wage is higher than the federal rate, the higher wage prevails. It's essential for workers to be aware of both federal and state minimum wage laws to ensure they receive the higher applicable wage.
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Variation in Tipped Minimum Wages: States may also set different minimum wages for employees who receive tips. This means that in some places, tipped workers might have a higher minimum wage than the standard minimum wage. It's crucial for employees and employers to understand these variations and comply accordingly.
Staying updated with the latest changes is key, as these laws can undergo updates or amendments. The last updated date in your excerpt, December 6, 2023, indicates the information's current relevance, but it's always wise to double-check for any newer developments, especially in the realm of employment law, which can see frequent changes based on economic factors and legislative decisions.
