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FREQUENTLY ASKED QUESTIONS

Q: Can I sign a contract with my employer agreeing to be paid less than the minimum wage?

A: No. The minimum wage is an employee right, and cannot we waived by an any agreement between the employer and employee.

Q: Are minors exempt from the federal minimum wage law?

A: Under the FLSA, employees under 20 are required to be paid at least $4.25 an hour for the first 90 consecutive days of employment. Following the completion of this period, or the employee's 20th birthday, whichever comes first, the employee must be paid at least the federal minimum wage of $7.55 an hour.

Q: Can my employer fire me because I inquired about my employment rights?

A: No, it is illegal for your employer to discriminate or retaliate against you for inquiring about your rights, safety concerns or overtime pay. Retaliation may include the threat of or actual termination, demotion, suspension, or harassment.

Q: How much will Girard Gibb's labor and employment law attorneys charge me?

A: Nothing. Our labor and employment law attorneys do not charge our clients for bringing a lawsuit.

HOME > PRACTICE AREAS > EMPLOYMENT & LABOR LAW > THE FEDERAL MINIMUM WAGE

The Federal Minimum Wage

Are you being paid less than the federal minimum wage?

As of July 24, 2009, the federal minimum hourly wage is $7.25 an hour. Although federal law requires employers to pay their employees no less than the minimum wage, not all employers adhere to minimum wage law. Our exerienced labor and employment attorneys can help determine if you are being paid fairly.

The federal minimum wage increase

In order to increase the federal minimum wage, Congresss must pass a bill, which the President then signs into law.

Three minimum wage increases were approved in 2007 (the first federal minimum wage increase since 1997): $5.85 per hour effective July 24, 2007; $6.55 per hour effective July 24, 2008; and $7.25 per hour effective July 24, 2009.

The federal minimum wage and tipped employees

Under federal law, employers can generally pay tip-earners (employees who earn at least $30 in tips a month) as little as $2.13 an hour, provided the employee's tips plus the employer's contribution add up to the federal hourly minimum wage. However, if the employee fails to earn enough tips in a certain pay period, the employer is required to pay them no less than the federal minimum wage.

Learn More About Tipped Employees

Minimum Wage Law Overview

Learn more about the California Minimum Wage

What can I do if I believe that my employer violated the federal minimum wage law?

Employees who are subject to a minimum wage law violation, may be eligible to bring a suit against their employer to recover lost wages. If you believe that your employer is paying you less than the federal minimum wage, please call (866) 981-4800 or fill out the form on the right for a free consultation with a labor and employment attorney.

Important Note: This summary is intended to provide a basic overview of the typical types of employment cases handled by our firm. It is for informational purposes only and does not constitute legal advice.

Why Girard Gibbs LLP?

Girard Gibbs is a national litigation firm specializing in securities litigation, consumer class actions and complex business litigation. Girard Gibbs' managing partner Daniel Girard was voted one of Northern California's Super Lawyers in 2007, 2008, and 2009 by Law & Politics, recognizing him as one of the top 5-percent of attorneys practicing in Northern California.





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