Employment Law Frequently Asked Questions
We field a ton of great questions on the 1-800-NOT-FAIR hotline. That’s why we’ve created this FAQ that answers some of the most frequently asked employment law questions.
Be sure to try our Employment Law Claim Checker to pre-determine whether you have a qualifying claim under federal and state employment law regulations.
If you still can’t find the answer you’re looking for, we encourage you to call us at 1-800-NOT-FAIR (1-800-668-3247).
What is the Federal Minimum Wage?
The current federal minimum wage is $7.25 per hour, as declared under the federal Fair Labor Standards Act (FLSA). However, many states offer a much higher minimum wage – some offering as much as $9.32 per hour – that takes priority over the minimum requirements described by the FLSA.
This is why it is important for you to take the time to learn the minimum wage law for your state of employment, as they may differ from federal standards.
What is the Federal Overtime Pay Requirement?
Employees are required to receive overtime pay for any time worked over 40 hours in a single workweek. The federal minimum rate for overtime pay is 1.5 times the employee’s current wage.
The Fair Labor Standards Act does not require employers to offer overtime pay for work on holidays, weekends, or regular days of rest unless the employee meets the standard overtime requirements stated above. As with minimum wage, overtime pay regulations may vary from state to state, possibly differing from the federal minimums.
Why is Federal Minimum Wage for Tipped Employees $2.13?
Although the minimum tipped wage under federal law is just $2.13 per hour, employers are still required to ensure you are paid the full minimum wage after your tips are accounted for.
If the total earned wages and tips to not add up to the federal minimum wage or higher during any given pay period, your employer is required by law to compensate you for the difference.
Keep in mind that different states have different laws that may vary from the regulations set forth in the Fair Labor Standards Act. It is important for you to become acquainted with these discrepancies and understand the minimum wage regulations for your state.
Where can I Find More Information on Employment Law?
The United States Department of Labor is an excellent resource for employment law info, as is your own state’s department of labor.
Of course, we are more than happy to answer any questions you have. Give us a call at 1-800-NOT-FAIR (1-800-668-3247), so we can determine whether you have a qualifying claim under state or federal employment law regulations.
Who can I go to for Help Recovering Unpaid Wages?
If you find yourself unable to resolve your issue with your management, your employer, or your human resources department, it may be time to contact an attorney.
When you work with our firm, you’ll never pay for representation. Our services are completely cost-free – and they always will be.
We’re able to offer 100% free legal representation for all qualifying employment law cases due to a requirement that obligates your employer cover all attorney fees and court costs incurred in collecting the money you have earned.