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Banrion
08-30-2006, 01:14 PM
http://www.dol.gov/compliance/guide/minwage.htm

I just read this portion of the FLSA in regards to minimum wage and overtime. Here are a few interesting highlights that may affect some of us here. I provided the link in case anyone else wishes to read the entire text.

1) If the company does less than $500k a year in business, they are typically exclude from minimum wage requirements. ( some exceptions apply)

2) Employees of Seasonal Attractions are exempt from the minimum wage and overtime requirements.

3) Employees of movie theatres are exempt from overtime.

4) Federal law provides a provisional minimum wage of $4.25 for any new hire under the age of 20 for a 90 day probationary period.

5)Standard minimum wage is $5.15. (States are allowed to require higher min wage), but any employee who makes $30.00 a MONTH in tips can be paid the lower wage of $2.13 (thats only a dollar a day in tips!)

6) An employee may be paid less than minimum wage if a mental or physical handicap will prevent them from being as productive as a able-bodied/minded person. Including if the handicap is due to age or injury.


After reading what the federal law allows employers to do, and what I have experienced in my days in retail, I now realize that I have been very lucky not to have worked for any companies that do the bare minimum. I worked in a movie theatre for 5 years, and they paid my overtime, even when I had a check for 90 hours in a single pay period. I was never subjected to a provisional minimum when I was younger, and I have never had an employer try to pay me $2.13 an hour even when we did typically get tips that would be more than a mere $30.00 a month.

Canadian In Maine
08-30-2006, 01:25 PM
For all the garbage that I have been through with my current employer they are good at paying a decent wage - I started at $8.00 an hour and went up to $8.25 after 6 months and I didn't even have to ask.

Overtime is also paid with no quibbling involved - guess I got lucky in that respect. :o

Ryu
08-30-2006, 01:53 PM
3) Employees of movie theatres are exempt from overtime.


My company must not know this. Theyll send people home to keep them from going over 40 hours if they notice it. I just got put on an overtime list the other week because I picked up shifts and neither of us realized I went over 40 hours until after the week was over.

Becks
08-30-2006, 02:45 PM
I may have worked at sucky (by my standards) places, but never any place that would do things like THAT. :eek:

Banrion
08-30-2006, 02:55 PM
I may have worked at sucky (by my standards) places, but never any place that would do things like THAT. :eek:

That's kinda why I posted this. While I realize laws can be different state to state regarding these matters, as far as the FEDERAL government is concerned this is ALL legal. So while our jobs aren't necessarily sunshine and roses, it could certainly be worse!

TNT
08-30-2006, 04:34 PM
6) An employee may be paid less than minimum wage if a mental or physical handicap will prevent them from being as productive as a able-bodied/minded person. Including if the handicap is due to age or injury.



This one is tricky. Its general application is for "sheltered workshops" -- places that are staffed by people with severe handicaps. It's implementation is via "piece work" -- the employee gets paid for each task successfully completed. Private companies contract with the workshop for different tasks -- say, packing ten washers into a plastic bag. The employee would get a few cents for each bag successfully completed. While the rules are considerably more lax than they would be at any other job, it was still very much a job -- the employees man their stations for their hours and are expected to at least try to productive for their full shift.

Two of my former clients worked there pretty much full-time. In a 35 hour week, one made around $100, while the other rarely managed to earn more than $10.

I'm not against the concept. The bottom line was that both clients loved their jobs -- neither of them were forced to go. They did it because they wanted to do it. And as far as taxpayer dollars go, it saved tons of money... without these jobs, the clients would have been in hyper-expensive day programs. (It's also not easy to get a job there... a third client waited six months after she hired for a slot to open up.)

Still, I was never entirely comfortable with it. Management often sucked even more than management at other jobs, and I thought the piece rate was abysmally low even with the other factors taken into consideration.

Dips
08-30-2006, 04:47 PM
5)Standard minimum wage is $5.15. (States are allowed to require higher min wage), but any employee who makes $30.00 a MONTH in tips can be paid the lower wage of $2.13 (thats only a dollar a day in tips!)

This one is not as bad as it looks because, if the combination of wages and tips for all hours workeddoes not average out to $5.15 per hour, the minimum wage, the employer has to make up the difference.

Also the employee has to be in a traditionall "tipped" profession and doing work that will earn him tips. So if you are a waiter, you can be paid $2.13 per hour that you are actually waiting tables; but, if you are required to mop the floors after the restaurant is closed, they have to pay you $5.15 per hour during that time because there is no possibility that you can earn tips when the restaurant is closed.

LostMyMind
08-30-2006, 05:24 PM
Just a reminder, state labor laws do trump federal labor law. So if the state has laws saying a higher standard is required. Then the business has to follow the state law. ;)

Every state has extra labor laws regarding everything.

CanadaGirl
08-30-2006, 05:31 PM
The minimum wage in the US is $5.15? Ouch. I think in Alberta, Canada our minimum wage is $7.00, with most people getting at least $8.50 on average.

($8.00 CAD is $7.21 USD, so not bad)

MadMike
08-30-2006, 05:53 PM
This one is not as bad as it looks because, if the combination of wages and tips for all hours workeddoes not average out to $5.15 per hour, the minimum wage, the employer has to make up the difference.


They're supposed to, but I'm pretty sure I've heard stories from our members that indicated that more often than not, this does not happen.

ArenaBoy
08-30-2006, 06:07 PM
The parking department is very strict about hours, yet they would have people scheduled for 4:30 AM and they'd be 10 hours into overtime. The department would then complain about the people who are in overtime.

Gurndigarn
08-30-2006, 10:49 PM
The minimum wage in the US is $5.15? Ouch. I think in Alberta, Canada our minimum wage is $7.00, with most people getting at least $8.50 on average.

($8.00 CAD is $7.21 USD, so not bad)

Most places pay more than "official" minimum wage, just to get employees. $6.50 to $7.00 is a typical starting pay for 18-year-olds in part time work most places. NYC, LA, and CHI somewhat higher; Podunk, Nowhere being a bit lower.

There are places that pay near the offical minimum, but they get what they pay for, usually.