The Fair Labor Standards Act (“FLSA”) and state wage laws protect workers’ rights and ensure they are paid minimum wage. Employers legally have to pay their employees a minimum hourly wage that aligns with federal, state, or local laws, whichever is higher. An agreement to pay less than the applicable minimum hourly wage violates wage and hour laws, and is illegal.
Rowdy Meeks Legal Group LLC vigorously pursues wage and overtime violations to protect employee rights.
What is Minimum Wage
The FLSA states that workers should be paid a minimum hourly rate of $7.25. Minimum hourly wage rates in some states may differ from the federal amount, and employees are entitled to the higher of the two minimum wage rates.
Minimum wage laws are designed to help alleviate poverty and improve the standard of living for low-wage workers. Some areas have higher minimum wages than others to account for differences in the cost of living.
Minimum Wage Exceptions
The federal minimum hourly wage applies to most employees, with a few exceptions.
Tipped Workers
Some employees may earn an hourly rate lower than the federal or state minimum if they earn tips. The total tip amount and the employee’s hourly rate should be equal to or greater than the applicable minimum wage rate.
Suppose an employee’s hourly rate with tips falls below the minimum hourly wage. In that case, the employer is expected to compensate the employee for the shortfall.
Young Employees
Employers can pay employees under the age of 20 an hourly wage of $4.25. However, this rate only applies during an employee’s three-month probationary period. If the employee passes probation, the employer must increase their hourly pay to the accepted minimum rate.
Exempt Employees
Employers are not required to pay employees minimum wages if they work in a job exempt from the minimum wage laws. These jobs constitute a very narrow group of jobs. An employment attorney can help you evaluate if you are working in an exempt job. An example of a job which is exempt from minimum wage laws is an outside sales job in which the employee goes door to door making sales.
Legal Recourse If Your Employer is Underpaying You
If your employer pays you less than the federal or state minimum rate, there is legal recourse to recover your unpaid wages.
Speak with your employer and request that they rectify the underpayment if you feel comfortable doing so. Keep your pay stubs and evidence of the hours you worked, and any communication with your employer about your low hourly wage. You can also file a wage claim or complaint with the labor department, and the department may investigate.
You should consult an employment attorney for legal guidance. It’s critical that you approach an experienced attorney who is familiar with federal and state laws. An experienced attorney can represent your interests in recovering your unpaid wages.
Here are some questions to ask an attorney when you realize you’re underpaid.
- Do I have a valid wage claim?
- What are the wage payment laws in my state, and how can they protect my rights?
- How much time do I have to submit an unpaid wage claim?
- Do I need evidence to support my claim?
- How do I file a wage claim?
- What happens if my lawsuit is unsuccessful?
- What will filing a wage claim and using your services cost?
- Do you have experience in successfully pursuing unpaid wage claims?
Other Common Wage Violations
Employers cheat employees out of hard-earned wages in several ways.
- Asking employees to work off the clock
- Misclassifying employees to avoid paying overtime
- Illegal paycheck deductions
- Wage discrimination
- Independent contractor manipulation
Contact an Employment Attorney To Fight Your Case
You have rights as an employee and deserve to fight for them. Your employer can’t pay you less than the minimum hourly wage, even if you agree to it. Contact Rowdy Meeks Legal Group LLC for a free case evaluation.