Minimum Wage Principles:
The federal minimum wage provisions are contained in the FLSA. The federal minimum wage is $7.25
per hour, effective July 24, 2009. Many states also have their own minimum wage laws, some of which
provide greater employee protections. In cases where an employer is subject to both a federal and a
state law at the same time, the employer must comply with the higher standard in order to be in
compliance with both. For example, the federal minimum wage is $7.25 per hour. If the minimum wage
in your state is $8.00 per hour, you must pay your employees $8.00 per hour in order to be in
compliance with both the federal and the state requirements. Generally speaking, when you’re subject
to two laws at the same time, the stricter standard applies.
Posters:
Every employer of employees subject to the FLSA’s minimum wage provisions must post, and keep
posted, a notice explaining the law in a conspicuous place in all of their establishments (i.e., in a place
where employees can readily read it). WHD prescribes the content of this notice. An approved copy of
the poster may be downloaded free of charge at the following link:
www.dol.gov/whd/regs/compliance/posters/minwagep.pdf
Questions about the minimum wage often arise in the following situations:
1) What is the lowest amount I can legally pay my employees per hour?
The current federal minimum wage is $7.25 per hour. $7.25 per hour is the lowest amount you
can pay a non-exempt employee. Even if an employee agrees to work for less, such an
agreement would not make payment below that amount legal. However, certain specific
programs do allow wage payments to certain employees in amounts less than $7.25 per hour,
but only when specific conditions are met. Examples include student learners (vocational
education students), and workers
whose earning or productive capacities for the work to be
performed are impaired by physical or mental disabilities. (See
www.dol.gov/whd/specialemployment/index.htm for more information on these programs).
2) Can I charge my employees for uniforms?
Yes, under certain conditions. The FLSA does not require that employees wear uniforms.
However, if the wearing of a uniform is required by some other law, the nature of a business or
by an employer, the cost and maintenance of the uniform is considered to be a business
expense of the employer. If the employer requires the employee to bear the cost, that cost may
not reduce the employee's wage below the minimum wage of $7.25 per hour. Nor may that cost
cut into overtime compensation required by the Act.
If an employee who is subject to the minimum wage of $7.25 per hour is paid only the minimum
amount of $7.25 per hour, the employer may not make any deduction from the employee's