In the News: On January 1, 2020, the DOL increased the “salary test” so that employees are exempt from overtime pay. Under the RSA, employees are exempt from overtime if they can meet three criteria: if your employer discriminates against you in any way or takes reprisals, for example, if they fire you because you asked why you did not receive minimum wage, or because you take legal action or threaten to file a complaint with the labour commissioner, You can file a complaint of discrimination or reprisal with the Office of the Labour Commissioner. Alternatively, you can take legal action against your employer. Minimum wage and overtime pay are hot topics for businesses, and for good reason. It`s important not only for your employees, but also for you to stay on the right side of the law. There are exceptions to the pay rules, but they are carefully defined by the FLSA. Workers under the age of 20 can earn a special minimum wage of $4.25 per hour for the first 90 days of employment. This ends after 90 days or when the employee turns 20, whichever comes first. Note: For information on how to apply these exemptions, contact your local district wage and hours office. An employer may tip an employee at least $2.13 per hour in direct wages if that amount, plus tips received, is at least equal to the federal minimum wage, if the employee keeps all tips, and if the employee generally and regularly receives more than $30 per month in tips. If an employee`s tips, combined with the employer`s direct wage of at least $2.13 per hour, do not match the federal minimum hourly wage, the employer must make up the difference.
What can I do if my employer doesn`t pay me at least minimum wage? A minimum wage of $4.25 per hour applies to young workers under the age of 20 during their first 90 consecutive calendar days with an employer, as long as their work does not crowd out other workers. After 90 consecutive days of employment or the employee`s age of 20, whichever comes first, the employee must receive a minimum wage of $7.25 per hour as of July 24, 2009. Some groups of workers are exempt from federal minimum wage requirements, but continue to require overtime pay for work beyond a normal work week. For this exemption, the employee must either pass the pay test or work on a fee-based basis of at least $684 per week or $27.63 per hour. As of January 1, 2018, the minimum wage for all industries was $11 per hour for employers with 26 or more employees and $10.50 per hour for employers with 25 or fewer employees. On January 1, 2019, the minimum wage was increased to $12 per hour for employers with 26 or more employees and to $11 per hour for employees with 25 or fewer employees. The minimum wage will be adjusted annually until 2023 according to the schedule indicated above. This program is intended for high school students aged 16 and over who are enrolled in vocational training (workshop courses). The employer who hires the student can obtain a certificate from the Ministry of Labor, which allows the student to receive at least 75% of the minimum wage as long as the student is enrolled in the vocational training program. Many exceptions apply to student workers, both at the high school and college levels.
Some employers, including retail or service businesses, agriculture, or colleges and universities, are only allowed to pay full-time students 85% of the minimum wage as long as they are registered students (the company must obtain a certificate from the Ministry of Labour as part of the “full-time student program”). In addition, the “student-learner program” allows any student 16 years of age or older enrolled in a vocational school to be hired for only 75% of the regular minimum wage (employers must also have a DOL certificate). These exemptions are intended to allow companies to hire inexperienced workers at a discounted price and are intended to be an “educational program” for student workers. Your business may be exempt from the minimum wage and/or overtime rules if you work in one of the following industries or if you pay the following types of workers: While the RSA guidelines are broad in scope, there are some industry exceptions for minimum wage and overtime. Certain types of workers are also exempt from minimum wage requirements in certain situations. Certain employees are exempt from the Minimum Wage Act, such as outside vendors, parents, spouses or children of the employer, and apprentices who are regularly required under the State Division of Apprenticeship Standards. Minimum Wage Ordinance (MW-2019) There is an exception for learners, regardless of age, who can earn at least 85% of the minimum wage in their first 160 hours of employment in occupations where they have no similar or related experience, rounded to the nearest nickel. If state law requires a higher minimum wage, that higher standard applies. Some nonprofit and educational organizations may apply for a certificate from the Ministry of Labor that allows them to hire workers for as little as 85% of the applicable minimum wage.
This is commonly used by colleges and universities, as well as non-profit organizations. Drivers, driving assistants, shippers, and mechanics are exempt from the FLSA`s overtime pay provisions if they are employed by a road transport company and if the employee`s duties affect the safe use of the vehicles when transporting passengers or goods in interstate or foreign commerce. You can also check the applicable regulations. I work in a restaurant as a waiter. Can my employer use my tips as credit for their obligation to pay me minimum wage? Yes.
