Q&A

Does federal minimum wage apply to states?

Does federal minimum wage apply to states?

States are required to follow federal minimum wage law. States can pass their own laws to make the wage higher, equal to or lower than the federal law, but they can’t make other changes that overrule the federal law, for instance, who is exempt or how many hours constitutes a work week.

Do you get overtime on flat rate?

It may seem that being paid a flat rate would eliminate a worker from overtime pay eligibility for extra hours worked. But in fact, like all non-exempt employees, flat rate workers are entitled to be paid an overtime premium if they work in excess of eight hours in one day or more than 40 hours in a week.

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Who are non exempt employees?

Nonexempt: An individual who is not exempt from the overtime provisions of the FLSA and is therefore entitled to overtime pay for all hours worked beyond 40 in a workweek (as well as any state overtime provisions). Nonexempt employees may be paid on a salary, hourly or other basis.

Who is exempt from time and a half?

Exempt employees are exempt from California overtime laws. This means that, if you are an exempt employee, your employer does not need to pay you time and a half if you work more than eight hours in a workday, or more than 40 hours in a workweek, or otherwise “work off the clock.”

Can I pay an employee a flat rate?

If an employer pays an employee a flat rate per day or per job no matter how many hours are worked, the regular rate is determined by dividing the total compensation received in a workweek by the hours the employee actually worked.

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Is flat rate better than hourly?

In a flat rate system, newer mechanics may take longer on jobs and may be paid less overall than if they were in an hourly rate pay system. For technicians who have extensive experience and certifications, the value of flat rate pay may also be lower than what they might earn in an hourly rate pay system.

Should the federal minimum wage be raised to $15 an hour?

Among those who oppose raising the minimum wage to $15 an hour, a substantial majority (71\%) say the federal minimum wage should be increased, but that the standard should be less than $15 an hour; those who hold this view account for 27\% of the overall public.

What is the minimum wage under the Fair Labor Standards Act?

The State law excludes from coverage any employment that is subject to the federal Fair Labor Standards Act when the federal rate is greater than the State rate. Employers subject to the Fair Labor Standards Act must pay the current Federal minimum wage of $7.25 per hour. Basic Minimum Rate (per hour): $10.10

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Do you have to pay minimum wage in every state?

any state to learn about applicable minimum wage laws. No state minimum wage law. Employers subject to the Fair Labor Standards Act must pay the current Federal minimum wage of $7.25 per hour. Basic Minimum Rate (per hour): $10.34

What is the basic minimum wage in New York State?

Basic Minimum Rate (per hour): $5.15. The State law excludes from coverage any employment that is subject to the federal Fair Labor Standards Act when the federal rate is greater than the State rate. Employers subject to the Fair Labor Standards Act must pay the current Federal minimum wage of $7.25 per hour.