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under Federal & State Minimum Wage Rates, Laws, and Resources

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under Federal & State Minimum Wage Rates, Laws, and Resources at this website.. http://www.minimum-wage.org/min-wage-exemptions.asp
is this category :"Domestic employees who live-in - OT" include a co manager or housekeeper type person who lives at the location? just trying to figure out if the employee trying to get more money out of me is categorized under this exemption.?? then I can deduct "overtime" i already paid her from the new amount she is saying i owe her.. if that makes sense? I know it says online.. that the PR minimum wage is like $4.10 an hour, but since the federal minimum wage is 7.25 that it supercedes that... so just wondering and hoping that this applies to her.. and that she is exempt to receiving over time.. ?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello Jeff,

No, unfortunately, the domestic live-in employee exemption is for nannies, housekeepers, chauffeurs, cooks, or full‑time babysitters. This also only typically applies to employees who live in a private residence, not a hotel, motel or hostel.

Also, this exemption doesn't actually mean the workers aren't entitled to overtime for the hours they work. Only that they are not entitled to be paid for non-working hours while living on the employer's premises.

I wish I had better information for you there, but it's very unlikely for that argument to win out.

Here's more information on Puerto Rican overtime law. If any federal minimum wage would apply, it would likely just be the 70% of minimum wage, which is only $5.08, and there are exemptions to that if the business, which would mean the $4.10 wage can apply despite federal law.

Here are some helpful links:

http://www.stateovertimelaw.us/PuertoRico.html

http://www.dol.gov/whd/minwage/america.htm#PuertoRico


On a side note, it's strange that Puerto Rico gives double time for hours worked over 40 in a week. It's only time-and-a-half in any state in the U.S.

http://www.4nannytaxes.com/index.cfm/faq/elder-care-faq-list/household-employee-minimum-wage/

I hope this information is helpful. Please let me know if you have any follow up or clarifying questions, as always.
Customer: replied 1 year ago.








PR Minimum Wage
$4.10/hr


"Puerto Rico's minimum wage is $4.10 per hour. This is less then the Federal Minimum Wage. This amount is obsolete, as the Federal Minimum Wage of $7.25 takes precedent.


The minimum wage is $4.10 per hour for most employees in Puerto Rico, with exceptions for tipped employees, some student workers, and other exempt occupations.[1] "


 


IS this not correct? it says that federal minimum wage takes precedent.? if not how is this not right? also


 


the "work exchange" I mentioned is 4 hours a day 6 days a week... could that position not be considered "seasonal'? which would be exempt to minimum wage.. ?? because the position is actual seasonal.. :


http://www.minimum-wage.org/minimum-wage-exemptions.asp ( first paragraph )


 


I see that all the positions that have exemptions are for positions that require the "employee" to just sit around alot of time.. like baby sitters, movie employees etc etc.. which is exactly what the employees do that I have 90% of the time they are simply sitting there doing nothing..

Expert:  Joseph replied 1 year ago.
The FLSA only applies to certain occupations. If it doesn't apply, then employers only need to pay $5.08 an hour.

There is also a special $4.25 rate, etc.:

Puerto Rico Minimum Wage Exemptions
[Top]
In addition to any Puerto Rico-specific minimum wage exemptions described above, the Federal Fair Labor Standards act defines special minimum wage rates applicable to certain types of workers. You may be paid under the Puerto Rico minimum wage if you fit into one of the following categories:


Puerto Rico Under 20 Minimum Wage - $4.25 - Federal law allows any employer in Puerto Rico to pay a new employee who is under 20 years of age a training wage of $4.25 per hour for the first 90 days of employment.
Puerto Rico Student Minimum Wage - $3.49 - Full-time high school or college students who work part-time may be paid 85% of the Puerto Rico minimum wage (as little as $3.49 per hour) for up to 20 hours of work at certain employers.
Puerto Rico Tipped Minimum Wage - $2.13 - Employees who earn a certain amount of tips every month may be paid a special cash minimum wage, but must earn at least $4.10 including tips every hour. For more details, read about the Puerto Rico tipped wage.

The exemption for seasonal employees is for Seasonal Recreation and Amusement Facilities, so it wouldn't apply.

(By the way, it's best to get information from government sites when available instead of these private sites, since their information is a lot less reliable).

http://www.dol.gov/whd/regs/compliance/whdfs18.htm

Movie employees aren't exempt. Only live-in babysitters are exempt, and then they just don't get paid when they have 'alone' time and have no responsibilities. Unfortunately, the regulation has nothing to do with whether the employee is active or just sitting around all the time. (If that were the case, many many people wouldn't be getting minimum wage and overtime, from security guards to politicians).
Customer: replied 1 year ago.
on the first paragraph of your response.. Are you basically saying that I can pay the employees 5.08 an hour? Sorry a bit confused?
Expert:  Joseph replied 1 year ago.
Hello Jeff,

No, probably not, because your employees don't seem to fit into any of the exemptions under the Fair Labor Standards Act, so they'd be covered by the Federal Minimum Wage of $7.25 an hour under the FLSA. (You can make an argument that they should be included in the live-in domestic employee exemption, but as I mentioned before, that likely wouldn't be a successful argument).

I was replying to your question regarding when the federal minimum wage doesn't apply in Puerto Rico, and instead a different rate applies.

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