Understanding the Minimum Wage Rule

Do you think you are underpaid? If you do, it is time to get into the legal details of the matter. The US Fair Labor Standards Act, 1938, dictates that a minimum hourly wage is necessary for all covered, non-exempt workers. The recent federal ruling is that the minimum wage for an employee (covered and non-exempt) must be $7.25 per hour.

Discussing the details of the law with a capable labor and employment lawyer helps in understanding its implications on your job, and pay. Before you get in touch with a lawyer, here is a brief sketch of what this law implies.

Is coverage available for you? The minimum wage law is available for employees if –

• They work under an employer who does $500,000 worth of business in a year

• They work for a business involving interstate commerce

• They work in government agencies (federal, state, and local)

• They work in schools and hospitals

• They work as domestic workers

Are there any exceptions? Certain exceptions are there with regard to the minimum wage you earn. It depends on your state rule. However, the common factors that differentiate include age, disability, student status, and so on.

What are special exemptions? Individuals working in the administrative, executive and professional fields as well as those in outside sales are exempt, as per the rulings of the FLSA. However, they must meet certain criteria like particular duties and responsibilities, as well as salary.

(Note: Federal laws also state that an employer requires putting up the details of the minimum wage law in full view of their employees)

Apart from the federal ruling, every state has particular laws pertaining to minimum wage. New Jersey is no exception. The minimum wage for all covered, non-exempt employees is the same as the federal ruling, i.e. $7.25 per hour. If you, or someone you know, are getting less than this amount, it is time to take action.

What should you do? You can go ahead and report a violation at the nearest District Office, the US Wage and Hour Division. If you want to take up the case at a court of law, to get back your lost wages and associated cost, you need to consult an employment lawyer New Jersey.

A competent lawyer can help you understand your rights and responsibilities, as per the dictates of the federal and state laws. Moreover, he/she can assess whether your case merits litigation or not.

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