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EMPLOYEE RIGHTS

UNDER THE FAIR LABOR STANDARDS ACT


THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION

Overtime Pay that have been underpaid in violation of


the law. Violations may result in civil or
At least 1 times your regular rate of
pay for all hours worked over 40 in a
criminal action. FEDERAL
work week. Civil money penalties of up to $11,000
per violation may be assessed against
MINIMUM WAGE
Youth Employment employers who violate the youth employ-
An employee must be at least 16 years ment provisions of the law and up to
$1,100 per violation against employers

$5.85
old to work in most non-farm jobs and
at least 18 to work in non-farm jobs who willfully or repeatedly violate the
declared hazardous by the Secretary minimum wage or overtime pay provi-
of Labor. sions. This law prohibits discriminating
against or discharging workers who file a
Youths 14 and 15 years old may work PER HOUR
complaint or participate in any proceed-
outside school hours in various non-man-
ings under the Act. BEGINNING JULY 24, 2007
ufacturing, non-mining, non-hazardous
jobs under the following conditions: Additional Information
No more than • Certain occupations and establish-

$6.55
• 3 hours on a school day or ments are exempt from the minimum
18 hours in a school week; wage and/or overtime pay provisions.
• 8 hours on a non-school day or • Special provisions apply to workers
40 hours in a non-school week. in American Samoa and the Com-
Also, work may not begin before 7 a.m. monwealth of the Northern Mariana PER HOUR
or end after 7 p.m., except from Islands. BEGINNING JULY 24, 2008
June 1 through Labor Day, when evening • Some state laws provide greater
hours are extended to 9 p.m. Different employee protections; employers must
rules apply in agricultural employment. comply with both.

$7.25
For more information, visit the YouthRules!
• The law requires employers to display
Web site at www.youthrules.gov.
this poster where employees can
Tip Credit readily see it.
Employers of “tipped employees” must pay • Employees under 20 years of age may PER HOUR
a cash wage of at least $2.13 per hour if be paid $4.25 per hour during their
first 90 consecutive calendar days of
BEGINNING JULY 24, 2009
they claim a tip credit against their mini-
mum wage obligation. If an employee’s employment with an employer.
tips combined with the employer’s cash • Certain full-time students, student
wage of at least $2.13 per hour do not learners, apprentices, and workers
equal the minimum hourly wage, the with disabilities may be paid less than
employer must make up the difference. the minimum wage under special
Certain other conditions must also be met. certificates issued by the Department
of Labor.
Enforcement
The Department of Labor may recover
back wages either administratively or
through court action, for the employees

For additional information:


1-866-4-USWAGE
1-866-487-9243 TTY: 1-877-889-5627
www.wagehour.dol.gov
U. S. Dept. of Labor | Employment Standards Admin. | Wage and Hour Div. Communications Center | # COMM-12

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