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Tuesday, February 25, 2014

Minimum Wage Laws May Not Apply

Minimum wage is a broiling topic right now, as the pros and cons of raising the Federal standard for minimum wage is being hotly debated nationwide. Minimum wage standards affect more than 130 million workers in this country, however, this legal requirement does not apply to everybody. 

Minimum Wages set by both Federal and State Laws:

The Federal minimum wage provisions are defined in the Fair Labor Standards Act (FLSA), however, many states also have minimum wage laws. Georgia has a minimum wage rate of $5.15 per hour, which is lower than the Federal wage rate.  In cases where employees are subject to both the state and federal minimum wage laws, they are usually entitled to the higher of the two minimum wages - unless they are included in one of the exceptions listed below.

Exceptions to Minimum Wage Laws:

Minimum wage requirements do not apply to all employees or employers. Exceptions to the minimum wage requirements include employees who are:

  • Working for tips

  • Sales employees who receive commissions

  • Full-time students

  • Disabled workers

  • Under 20 years old during their first 90 consecutive calendar days of employment with an employer

There are also more unique exceptions to the minimum wage laws, such as:

  • Companions for the elderly

  • Farmworkers employed on small farms

  • Certain seasonal amusement and recreational establishments

  • Newspaper employees of limited circulated newspapers

  • Small businesses that do not conduct business across state lines

What this means to you:

The Department of Labor's Wage and Hour Division administers and enforces the federal minimum wage law, and legal requirements may vary between minimum wage and overtime compensation. Some legal requirements associated with minimum wage also change based on the size of your business and the scope of its work. If you are unsure how minimum wage laws affect you or your growing business, it's in your best interest to consult with an attorney who specializes in employment law.

For more information about Employment Law, contract Lajuana Ransaw or call 770-957-3937. Smith, Welch, Webb and White is recognized as a premier law firm throughout the State of Georgia with expertise in this area of law. We have an uncompromising commitment to serving our clients and our community. Our team of experts routinely handles a wide range of legal matters, and will provide outstanding service for you, your family or your business.

 

Any representations regarding the law in this Blog is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.


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