As of April 2021, the federal minimum wage for covered and non-exempt employees is $7.25 per hour under the Fair Labour Standards Act (FLSA). Different states will have different minimum wages, depending on their own minimum wage laws. For example, if an employee works in upstate New York, they should be paid at least $13.20 per hour, with some variations in Long Island, NYC, and lower wages for tip service workers. The table below reflects the government`s current minimum wages as of January 1, 2020, as well as future increases. Many states also have minimum wage laws. In cases where an employee is subject to both federal and state minimum wage laws, the employee is entitled to the higher of the two minimum wages. Under the National Labor Relations Act (NLRA or the Act), workers have the right to communicate with other employees in their workplace about their wages. Wages are an important concept and condition for employment, and discussions about wages are often precursors to organization or other mutual aid or protection actions. Currently, 29 states and DCs have minimum wages above the federal minimum wage of $7.25 per hour. You can have discussions about wages when you`re not at work, when you`re on break, and even during work when employees are allowed to have other conversations outside of work. You have these rights whether or not you are represented by a union. Tipped employees (who earn more than $30 per month in tips) must earn the hourly rate of the state`s minimum wage. Employers must pay at least $3.63 per hour.
This amount, plus tips, must be at least equal to the state`s minimum wage rate. Subject to the adoption of appropriate regulations, restaurant employers who use tip credit must provide employees with a written or electronic pay slip for each payment period showing the employee`s actual hourly wage, including the cash wage paid by the employer plus tips for tip hours worked for each work week in the pay period. If you and another employee have a conversation or communication about your salary, it is illegal for your employer to punish you in any way for this interview or to take retaliatory action. It is also illegal for your employer to question you about the conversation, threaten to have it, or monitor you for such conversations. In addition, it is illegal for the employer to have a work rule, policy, or employment contract that prohibits employees from discussing their salary with each other, or that requires you to obtain permission from the employer to conduct such conversations. If your employer does any of these things, a lawsuit against the employer can be filed with the NLRB. The national minimum wage was created by Congress in 1938 under the Fair Labor Standards Act (FLSA). Congress enacted this Act under its authority in Article I, Section 8 of the United States Constitution: “Congress has power. regulate trade. between different States”. The FLSA was a comprehensive federal program that included minimum wage, overtime pay, record-keeping requirements, and regulation of child labor. The purpose of the minimum wage was to stabilize the economy after the depression and protect workers in the workforce.
The minimum wage is designed to create a minimum standard of living to protect the health and well-being of employees. Others argued that the main objective was to help the country`s lowest-paid workers, those who did not have sufficient bargaining power to ensure a subsistence level. The FLSA explicitly provided for a minimum wage for full-time and part-time employees, as well as in the public and private sectors. In particular, workers who are “engaged” or “engaged in the production of goods for” interstate trade (interstate trade) and foreign trade. Protected conversations about wages can take many forms, including conversations about what you and your colleagues and managers earn, joint demands about your employer`s compensation; Organize a union to increase your wages; contact an outside union for assistance in wage negotiations with your employer; and contact the National Labor Relations Board for more information about your rights under the NLRA. If you are a legislated employee, you can discuss the salary in personal interviews and written messages. If you use electronic communications such as social media, keep in mind that your employer may have policies against the use of their devices. However, policies that explicitly prohibit discussion of wages are illegal. You also have the right not to participate in conversations or communications about your salary. Federal minimum wage provisions are included in the Fair Labour Standards Act (FLSA). The FLSA does not provide for procedures for the payment or collection of wages for an employee`s usual or promised wages or commissions beyond those required by the FLSA.
However, some states have laws under which such claims (sometimes including benefits) can be filed. In addition, you have the right to discuss public affairs with other employees and to participate in external activities that may have a clear impact on your salary – such as minimum wage or right-to-work laws. You can also discuss supporting employees who work elsewhere. Living minimum wage rate: $15.00. Health Benefits Supplement: $2.00 The requirements of the RSA apply only to “employees”. In determining whether a person is an employee within the meaning of the RSA, courts usually focus on the economic reality of the relationship. The important question is whether the person is “economically dependent” on the company for which the employee provides services. The courts also consider a variety of factors similar to those used in the common law context to distinguish employees from independent contractors. For example, courts will consider the degree of control the alleged employer has over how work is done – generally, an employer will have more control over an employee, compared to the degree of control an employer would have over an independent contractor. 29 U.S.C. Chapter 8, Section 206 – Minimum Wage Laws Minimum wage questions and answers Answers to questions ranging from “How often does the minimum wage increase?” to “Who ensures workers receive at least the minimum wage?” New York City passed the Fair Wages for New Yorkers Act, also known as the Living Wage Act, on June 28, 2012.
