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Holly Ocasio Rizzo

Guide to Complying with Minimum Wage Requirements

Federal, state, even local laws mandate what you can pay

By Holly Ocasio Rizzo, Writer and editor, Holly Ocasio Rizzo

The federal Fair Labor Standards Act established a minimum wage for full-time and part-time workers. However, it's not the whole story. States have their own laws and, most recently, some counties and cities have passed "living wage" laws. In addition, special minimum-wage laws exist for employees under 20 years old, apprentices and students, those working at seasonal recreation businesses, and others. To keep your operation legal, you'll need a three-part approach:
  1. Know the minimum-wage law for your state – which employees are covered and how much to pay.
  2. Know when to pay overtime – usually over 40 hours in a workweek and 1½ times the regular pay rate.
  3. Keep accurate payment records.

Action Steps
The best contacts and resources to help you get it done


Know the laws

Twenty-one states, four individual city governments and one federally recognized Indian tribe have set minimum wages higher than the federal rate.
I recommend: Find your state information at FindLaw, which lists minimums and number of hours after which overtime kicks in, and at PayPerShop, offering minimums and links to payroll resources by state. See the federal regulations from the U.S. Department of Labor.

Hang the signs

Most states require employers to hang posters stating labor laws, including minimum-wage and overtime laws.
I recommend: Buy posters of state and federal labor laws at GovernmentPoster.com and LaborLawCenter.com.

Keep pay records handy

The federal Fair Labor Standards Act requires employers to keep records about the employee and data about the hours worked and wages earned. There is no standard form, but there is a basic list of records to maintain.
I recommend: Get a checklist of required basic records from the Department of Labor. Store those records easily with Optima Confidential Employee Record Software.

Tips & Tactics
Helpful advice for making the most of this Guide

  • In general, businesses must abide by the federal law if they have $500,000 or more in annual sales or if their employees engage in "interstate commerce: -- making phone calls to or from other states, sending mail out of state or handling goods passing between states.
  • If your employees earn tips from customers, your state labor department may allow you to pay them less than the minimum wage, so long as what you pay plus the tips add up to at least the minimum hourly wage.
  • When in doubt, your best move is to contact your state's labor department for clarification.

The official source of Complying with Minimum Wage Requirements is
the Wage Policy page at Business.com

Recommended Solution Providers

Poster Compliance Center: Labor Law Posters
Provides posters showing employment law requirements for each state.

Government Posters
Posters for state and federal employment law requirements.

Labor Law Center: State and Federal Labor Law Posters
Provides posters of employment law requirements for state and federal governments.

HR Policy Answers
Provides out-of-the box HR policies.

All In One Posters: Labor Law Posters
Posters for federal and state labor law requirements.

Best Sites to Learn More

U.S. Department of Labor: Compliance Guide
Learn minimum wage responsibilities of employers.

About.com: Employee Laws for Small Business
Labor law articles for small business owners.

AFLCIO: State Minimum Wage Rates
Research minimum wage rates per state.

Economic Policy Institute: Minimum Wage Issue Guide
Links to information on minimum wage issues.

The Biz Lawyer: Wage Laws
General overview of the federal wage laws.

Findlaw.com: Wages and Benefits
General information on wages and benefits.

PayPerShop
Lists minimum hourly rates for various states.

Best Blogs and Forums

Labor Law Talk: Wage & Hour Laws Forum
Discussions on wage and hour laws.

Free Legal Advice: Wage and Salary Forum
Get free legal advice on wage and salary issues.

Wage Law: California Wage and Hour Law Blog
Collection of articles about California wage and hour laws.

Labor Employment Law: Wage and Hour Blog
Focuses on employment and wage issues.



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Labor Law Posters

How to find the posters you need to satisfy the law
Every American business with three or more employees must display employee information posters required by federal and state law. Exactly which posters your business must display, and precisely where and how they must be posted, varies by industry, the number of employees, your state and other factors. Three things you need to know: Compliance matters. There are hefty fines and other penalties for failing to post. Most posters ... Read more

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