Wages and Hours Law

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Page last updated: 1/9/08

The Fair Labor Standards Act (FLSA) contains the federal requirements on the payment of wages, and on overtime hours and pay, for which most employers must adhere. Many states and some municipalities also have legal provisions which go beyond the federal requirements, including a higher minimum wage.

Federal and State Wage Law

Fair Labor Standards Act Statute: [PDF]

The U.S. Department of Labor website has many resources related to wage issues. The Wage and Hour Division of the Employment Standards Administration of DOL enforces compliance with the minimum wage laws.

Minimum Wage

Federal Statute: 29 U.S.C. § 206

The federal minimum wage set by the FLSA is $5.85 per hour effective July 24, 2007. Increases to $6.55 per hour on July 24, 2008 and $7.25 per hour on July 24, 2009. Certain workers may be paid less than the minimum wage under certain circumstances.

Many states also have minimum wage laws that may be higher than the federal minimum wage. The DOL has a map showing the state minimum wage laws. If the state minimum wage is higher than the federal minimum wage, an employee is entitled to the higher state minimum wage. The U.S. Department of Labor website has an extensive list of resources on the minimum wage.

Special (Sub) Minimum Wage

Federal Statute: 29 U.S.C. § 214(c)

The Fair Labor Standards Act (FLSA) provides for the employment of certain individuals at wage rates below the minimum wage. Under section 14(c) individuals whose earnings or productive capacity is impaired by a physical or mental disability for the work to be performed, including those related to age or injury may be paid less than the federal minimum wage. Certificates issued by the Wage & Hour Division of the Department of Labor to the employer are required for the employer to pay the special minimum wage. The U.S. Department of Labor Website has an extensive list of resources on the subminimum wage.

Brief Overview of the Section 14(c) Special Minimum Wage Provision, David T. Hutt, National Disability Rights Network [PDF]

Government Reports on Special Minimum Wage