Wage
and Hour Laws
Although
they affect almost all of us, surprisingly few people
fully understand federal and state wage and hour laws.
These laws dictate how much employers are required to
pay employees and mandate that employers must appropriately
compensate employees for their overtime work.
Minimum Wage
The current minimum wage in Washington D.C. is $6.60/hour.
As of January 1, 2006, the minimum wage will rise to
$7.00/hour. This is the lowest rate of pay that any
employer in D.C. can legally pay an employee for hourly
work. Some states such as Maryland do not set their
own minimum wage. Instead, they adopt the federal minimum
set by the Fair Labor Standards Act. This amount currently
stands at $5.15/hour.
In most states, certain employees are exempt from minimum
wages laws. In D.C., for example, employers can pay
handicapped workers less than the minimum wage if the
employer obtains a certificate from the Department of
Labor. Other exceptions include children under 18 years
of age, the elderly and students who attend the institution
that employs them. In certain circumstances, minimum
wage laws are not be applicable to these groups.
Overtime Pay
Most states have laws that require employers to pay
their employees at least one and one-half times the
regular rate of pay for all hours worked over 40 in
a given week. Even in states that have no such laws,
employers are still bound by the overtime provisions
of the federal Fair Labor Standards Act.
Much like the minimum wage laws, overtime laws include
a number of exemptions. In D.C., for example, the largest
restriction is on employees who serve in executive,
administrative, professional or outside sales positions.
These types of employees are not legally entitled to
overtime pay. Other exceptions include people employed
in private households who live on the premises, seaman,
railroad workers, newspaper delivery people, parking
lot attendants and car washers.
Despite the exceptions to overtime and minimum wage
laws, employers are wise to err on the side of compliance.
Not only may this improve employee morale, but also,
it will protect them from expensive and embarrassing
wage and hour lawsuits.
For employees, understanding your rights under the applicable
wage and hour laws is critical. Lawmakers designed these
laws to protect employees from exploitation. If you
work for an employer who is not meeting standards, you
may be entitled to compensation. However, the time you
have to recover your back wages is limited. If you believe
you have been a victim of a wage and hour violation
contact an attorney as soon as possible to discuss your
case.
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