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Minimum Wage Law and Rules

Minimum wages are defined as the lowest hourly, daily and monthly wage that an employer is allowed to pay an employee. On the other side of the spectrum, it is the lowest amount that an employee can charge for their labor. Minimum wage law covers most jurisdictions, however there is always going to be an opinion either for or against the benefits of minimum wages. To learn more about minimum wage, take a look at the more commonly asked questions below on minimum wage that have been answered by Experts.

What is the minimum wage for restaurant workers, cooks and waitresses in the state of Missouri?

For an employee who receives tips, employer compensation must take care of any slack between what the employee makes by way of tips to the minimum wage rate of $7.25 per hour.

Typically, tipped employees are paid half of the minimum wage by their employer which would be at a rate of $3.625 per hour. In the event the tipped employee earns less than half of the minimum wage per hour, the employer is responsible for compensating that difference. In other words, the employee will have to make up the shortage of pay, even if it is over 50%.

A cook is generally not a tipped employee which means they would earn a minimum wage of at least $7.25 per hour. There can be no exceptions to this.

If a contractor pays a subcontractor less than minimum wage per hour that the contractor has negotiated; what can the subcontractor do?

Federal wage and hour laws do not pertain to agreements between contractors and subcontractors. The subcontractor has the option to refuse the contract if he/she isn't satisfied with the amount of pay that is offered by the contractor. This means that a subcontractor could refuse to provide the labor for a set amount offered by the contractor. Both the contractor and subcontractor are individual businesses that have negotiating ability to price any job. If the contractor agrees to a set amount, the subcontractor can charge the contractor at that amount for the job performed. If the subcontractor is not happy with an offer by the contractor, he/she can simply decline the offer. The subcontractor will be responsible for any workers who work for him/her in the event that a job is agrees upon between him/her and the contractor.

I currently earn minimum wage for my hours I am scheduled to work which is borrowed from my commission in Florida. Am I required to work all these hours that I'm borrowing money on? Am I entitled to any kind of pay if I do not make sales for a pay period?

Florida is an "at will" employment state which means that you choose to stay or leave your job at any time as well as an employer has the right to terminate an employee at any time. Florida at will employment has the smallest amount of laws to protect its employees than any other state. Your employment at will status means that you are required to work the hours determined by your employer. You would have to work the selected hours set by your employer is you are a commission draw employee. If you refuse to work the hours set for you, the employer can remove the pay for the hours not worked and may even fire you. Florida laws lean more in the favor of the employer versus the employee. There is little that can be done.

Does Texas require minimum wage? Does it apply to people on commission?

The minimum wage set for Texas is $7.25 per hour for 40 hours and time and 1/2 for any hours over the 40. Independent contractors are generally exempt from the minimum wage requirements in Texas. Basically, if you are considered an employee and not an independent contractor, you would probably be covered under the minimum wage law. However, salespeople are not usually covered under the minimum wage laws.

What would exclude an employer from paying minimum wage to an employee?

All employees have a legal right to receive minimum wages from their employer. In the event an employer denies an employee minimum wage, the employee can file a complaint with the labor board and also take the employee to court. An employer would have to show evidence that he/she suffered damages as a result of the employee's negligence or that the employee deliberately ignored the terms and conditions of service.

Minimum wage law protects employees from being underpaid for work. Many people have wage issues with their employer and don't know who to turn to for answers. If you find yourself facing wage issues with your employer or just have questions regarding minimum wage law, you should ask an Expert for legal insight.

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
Type Your Legal Question Here...
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15 Lawyers are Online Now

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