State Wage and Hour Laws

Provisions established by the FLSA in workers wage and hour standards

The Fair Labor Standards Act (FLSA), enacted by congress in 1988 and modified many times since then, establishes certain standards for the welfare of the workers and enforces these standards through the Wage and Hour Division of Department of labor. The provisions set by FLSA wage and hour law deals with many issues including minimum wage, payment of overtime for employees working more than 40 hours per week, recordkeeping, and child labor limitations and standards in private sectors as well as the federal, state and local governments. This wage and hour law doesn’t differentiate full-time or part-time employment and the minimum wage for covered nonexempt workers is set as $7.25 per hour effective from July 24th 2009.

State wage and hour laws:

  • Many states in US have their own standards for minimum wages. In case, if the employee is subjected to both federal and state laws then he is entitled to the higher amount of the two wages. The FLSA requires all the employers to follow the minimum wage and hourly standards set by the wage and hour law and implement them regardless of social status and gender.
  • Some states established commissions to determine the appropriate minimum wages based on the living standards and the employers financial conditions while other states simply established flat rates for all the employees.

Child labor law:

  • The FLSA gives more protection to the children under the age of 18 and ensures that they are working under the safe condition without risking their health and education. The workers under the age of 20 are entitled to the provisions of minimum wages as per the FLSA wage and hour law provided they have completed the first 90 days of their employment.
  • Students, disabled persons, tipped workers, apprentices and trainees before 90 days of employment receive less than the standard minimum wage set by the FLSA wage and hour law. The law restricts the children under 18 to work for specific occupational areas like driving, transportation, manufacturing, mining, construction & warehouse and other fields that are considered as hazardous by the secretary of Labor.

Exemptions and overtime calculations of wage and hour law:

  • Not all the employees of United States are protected by this wage and Hour law as there are some exemptions under certain circumstances for disabled workers, full time students, young workers under the age of 20, employees who receive tips and student learners.
  • The FLSA doesn’t deal with issues like sick leaves, cash bonuses, travel allowances, holidays, vacations, life insurance, travel allowances etc. The wage and hour law of FLSA defines the overtime rate not less than one and half times the regular salary if the employee works for more than 40 hours per week.

Law Article Archive