Employee Wage and Hour Rights FAQ

Questions:

• Am I entitled to overtime pay?
• If I get paid tips, can my employer pay me less than minimum wage?
• Does my employer have to pay me for time spent on required training?
• Can my employer require me to clock out when I take a break?
• Can my employer pay the federal minimum wage if the state's minimum wage is higher?
• How much of my paycheck can be garnished to pay child support?
• Can my employer make me pay for a work uniform that's covered in the company's name and logos?

Answer:

Can my employer pay the federal minimum wage if the state's minimum wage is higher?

No. Generally speaking, employees are entitled to the protections of all employment laws that apply to them, whether federal, state, or local. If more than one law covers a situation, the employer must follow the law that provides the most benefit or protection to the employee. In your situation, this means that your employer must pay the highest applicable minimum wage, not the lowest. If your state requires employers to pay a minimum wage that's more than the federal minimum wage (currently $7.25), you are entitled to the higher state amount. For more information, see Nolo's article Your Right to the Minimum Wage.