Van-Lear Eckert
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Not being paid minimum wage? Fight back

| May 28, 2020 | Employment Law |

There’s a difference between state versus federal minimum wage. While the former varies, the latter has remained at $7.25 since July 24, 2009. Some states don’t have minimum wages, but Illinois does. It’s been $8.25 since January 1, 2016.

States that don’t have a minimum wage have the federal one imposed by default instead.

The Fair Labor Standards Act (FLSA) establishes its hourly minimum wage for tipped workers, such as restaurant employees. It’s currently $2.13 per hour. If the combination of tips and hourly pay doesn’t add up to at least the federal minimum wage, then an Illinois employer must pay their Belleville employee the difference.

Employers may not have to pay any exempt workers per minimum wage standards. They generally aren’t eligible to receive hourly pay or overtime. Employers are required to pay their exempt employees at least $455 per week, though. A federal minimum wage earner who works 40 hours per week stands to make only $290 each week.

Laws do vary when it comes to minimum pay. A full-time worker in California, for example, is entitled to at least twice the state minimum wage. The type or classification of a worker can affect minimum wage requirements in other jurisdictions and instances as well.

Employees with disabilities may be subject to a unique minimum wage amount based on their productivity. Workers in specific industries such as retail or agriculture may only be required to pay a full-time student 85% of the federal minimum wage. Any employer that employs workers under the age of 20 can may be allowed to pay their employees as little as $4.25 an hour for the first 90 days of employment.

Minimum wage laws vary by jurisdiction. The field that you work in, your age and employment status may affect the minimum wage you are entitled to as well. If you suspect that you’ve received less than the required minimum wage, then you may be entitled to receive back pay. You should consult with an employment law attorney that has experience in helping Belleville clients get paid what the law requires to review your case for any potential impropriety.