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Wage: Minimum Wage FAQs

Wage: Minimum Wage FAQs

Frequently Asked Questions About Wage: Minimum Wage

Confused about what sets your minimum wage or how it gets applied? You’re not alone. Here are some of the most common questions we at Spitz, The Employee’s Law Firm see on a daily basis:

Do State Or Federal Laws Control How And What I Get Paid?

Wage: Minimum Wage Attorney: In addition to federal laws, most individual states also have minimum wage laws that apply employees working in their states. Because state laws may provide a different minimum wage than the FLSA, the employee is always entitled to be paid the higher of the two minimum wages.

Can My Employer Ever Pay Me Less Than Minimum Wage?

Wage: Minimum Wage Attorney: There are some minimum wage exceptions that may be available to employers to pay less than minimum wage to farmworkersseasonal workers, full-time students, minors, workers with disabilities, tipped employees and student-learners. The exemptions for minimum wage are tricky to understand. Therefore, the best thing to do if you are being paid less than minimum wage is to call us and let our wage and hour attorneys help you figure out if you have a claim.

Does My Boss Have To Give Me A Raise? Do I Have A Claim If I Have Not Been Given A Raises In Five Years?

Wage: Minimum Wage Attorney: Unfortunately, the law does not require that employers provide employees pay raises, except to the extent a raise is necessary to keep up with changes in state and federal minimum wage laws. However, once an employee is making over the minimum wage, there is no legal requirement for an employer to provide a cost of living or merit-based raises at any point or on any schedule.

Can I Be Fired If I Complain About Minimum Wage Violations Under The FLSA?

Wage: Minimum Wage Attorney: In addition to making sure that employees are paid minimum wage and overtime pay, the FLSA also specifically protects those employees who complain to their employer about actual or even perceived wage violations. Under the FLSA, an employee is legally protected against retaliation, including from wrongful termination, for reporting suspected minimum wage violations, even if the employee ends up being wrong. If you have been fired after reporting a wage issue, it is best to quickly get an experienced wage lawyer involved to help you out.

How And When Does The Minimum Wage Get Increased?

Wage: Minimum Wage Attorney: There is no set schedule for the minimum wage to be increased. Additionally, there are no automatically set increases to the minimum wage that occur on a set schedule. Instead, the only way that the minimum wage is increased is by a change in federal or state law.

Am I Still Entitled To Minimum Wage If I Am A Tipped Employee?

Wage: Minimum Wage Attorney: Tipped employees still must be paid the full minimum wage once tips are included. Because the minimum wage contemplates tips as part of the wage paid to employees, employers may take a tip credit when paying the employee their wages. Because this is a very complex issue, our wage and hour lawyers have an entire web page dedicated to the rights and claims of tipped employees.

If I’m Not A Citizen Of The United States, Should I Still Get Paid The Minimum Wage Required Under The FLSA?

Wage: Minimum Wage Attorney: Several courts have held that qualified employees can recover for an employer’s failure to pay the required minimum wage when the employee is not a U.S. citizen. Even undocumented workers should be paid minimum wage.  Stated another way, per these court decisions an employee’s immigration status does not affect an employee’s right to be paid minimum wage.

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DISCLAIMER: These answers do not constitute legal advice or guidance.