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Frequently Asked Questions

 

Q: What is the minimum wage?
A:
The federal minimum wage provisions for covered, nonexempt employees are contained in the Fair Labor Standards Act (FLSA). The Fair Minimum Wage Act of 2007 included phased increases to the federal minimum wage.

  • For work performed on or after July 24, 2009, the federal minimum wage is $7.25 per hour.

 

Q: What is the minimum wage for workers who receive tips?
A: The Fair Labor Standards Act (FLSA) requires payment of at least the federal minimum wage to covered, nonexempt employees.  An employer of a tipped employee is only required to pay $2.13 an hour in direct wages if that amount plus the tips received equals at least the federal minimum wage, the employee retains all tips and the employee customarily and regularly receives more than $30 a month in tips. If an employee's tips combined with the employer's direct wages of at least $2.13 an hour do not equal the federal minimum hourly wage, the employer must make up the difference

 

Q: When are pay raises required?
A:  Pay raises are generally a matter of agreement between an employer and employee (or the employee's representative). Pay raises to amounts above the federal minimum wage are not required by the Fair Labor Standards Act (FLSA).

 

Q: Can an employee be required to perform work outside of the employee's job description?  
A:  Yes. The Fair Labor Standards Act (FLSA) does not limit the types of work employees age 18 and older may be required to perform. However, there are restrictions on what work employees under the age of 18 can do. This is true whether or not the work asked of the employee is listed in the employee's job description.

 

Q: What is the youngest age at which a person can be employed?
A: The Fair Labor Standards Act (FLSA) sets 14 as the minimum age for most non-agricultural work. However, at any age, youth may deliver newspapers; perform in radio, television, movie, or theatrical productions; work in businesses owned by their parents (except in mining, manufacturing or hazardous jobs); and perform babysitting or perform minor chores around a private home. Also, at any age, youth may be employed as homeworkers to gather evergreens and make evergreen wreaths.

 

 

Q:  When and how many hours can youth work?
A:  Under the Fair Labor Standards Act (FLSA), the minimum age for employment in non-agricultural employment is 14. Hours worked by 14- and 15-year-olds are limited to:


  • Non-school hours; 3 hours in a school day; 18 hours in a school week; 8 hours on a non-school day; 40 hours on a non-school week; and hours between 7 a.m. and 7 p.m. (except from June 1 through Labor Day, when evening hours are extended to 9 p.m.)


Youth 14 and 15 years old enrolled in an approved Work Experience and Career Exploration Program (WECEP) may be employed for up to 23 hours in school weeks and 3 hours on school days (including during school hours).


The FLSA does not limit the number of hours or times of day for workers 16 years and older.

 

Q:  What kinds of work can youth perform?
A:  Regulations governing youth employment in non-agricultural jobs differ somewhat from those pertaining to agricultural employment. In non-agricultural work, the permissible jobs, by age, are as follows:

  1. Workers 18 years or older may perform any job, whether hazardous or not;

  2. Workers 16 and 17 years old may perform any non-hazardous jobs; and

  3. Workers 14 and 15 years old may work outside school hours in various non-manufacturing, non-mining, non-hazardous jobs.


Fourteen is the minimum age for most non-agricultural work. However, at any age, youth may deliver newspapers; perform in radio, television, movie, or theatrical productions; work in businesses owned by their parents (except in mining, manufacturing or on hazardous jobs); perform babysitting or perform minor chores around a private home. Also, at any age, youth may be employed as homeworkers to gather evergreens and make evergreen wreaths.

 

Q:  Must a youth have a work permit to work?
A: The Fair Labor Standards Act (FLSA) does not require that youth get work permits or working papers to get a job. Some 
states do require work permits prior to getting a job. School counselors may be able to advise if a work permit is needed before getting a job.

 

 

 
 

Still have questions?  

elaws - employment laws assistance for workers and small businesses

 
 
To contact us:
Phone: (410) 822-1716 or TDD 822-9164
Email:
uswib@chesapeake.edu
Upper Shore Workforce Investment Board
P.O. Box 8
Wye Mills, Maryland 21679