Federal Minimum Wage Increases to $7.25
Posted by The United States Department of Labor on their web site at The federal minimum wage.
The federal minimum wage for covered, nonexempt employees is $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 provisions are contained in the Fair Labor Standards Act (FLSA), which is administered and enforced by the U.S. Department of Labor (DOL) Employment Standards Administration’s Wage and Hour Division. Many states also have minimum wage laws.
In cases where an employee is subject to both the state and federal minimum wage laws, the employee is entitled to the higher of the two minimum wages.
The FLSA contains some exceptions (or exemptions) from the minimum wage requirement. Some exceptions apply to specific types of businesses and others apply to specific types of work. It also provides for the employment of certain individuals at wage rates below the minimum wage. See subminimum wages.
Wages required by FLSA are due on the regular payday for the pay period covered. Deductions made from wages for such items as cash or merchandise shortages, employer-required uniforms, and tools of the trade, are not legal to the extent that they reduce the wages of employees below the minimum rate required by FLSA or reduce the amount of overtime pay due under FLSA.
The FLSA does not provide for wage payment or collection procedures for an employee’s wages or commissions in excess of those required by the FLSA. However, some states do have laws under which such claims may be filed.
Federal employees are subject to additional rules enforced by the Office of Personnel Management
It should also be noted that there are a number of employment practices that the FLSA does not regulate. For example, FLSA does not require:
vacation, holiday, severance, or sick pay;
meal or rest periods, holidays off, or vacations;
premium pay for weekend or holiday work;
pay raises or fringe benefits; and
a discharge notice, reason for discharge, or immediate payment of final wages to terminated employees.
COMPLIANCE ASSISTANCE MATERIALS
BASIC INFORMATION
Employment Law Guide – Minimum Wage and Overtime Pay – Describes the statutes and regulations administered by DOL that regulate minimum wage and overtime pay.
Questions and Answers About the Minimum Wage – Answers questions ranging from “how often does the minimum wage increase” to “who ensures that workers are paid at least the minimum wage?”
Minimum Wage Laws in the States – Provides a clickable map that tells you what the minimum wage laws are in each state.
Chapter 30 – Wage and Hour Division’s Field Operations Handbook (PDF) – Discusses records, minimum wages, and the payment of wages.
Filing a complaint – DOL’s Wage and Hour Division manages complaints regarding violations of the various laws and regulations it administers. To file a complaint concerning one of these laws, contact your nearest Wage and Hour Division office or call the Department’s Toll-Free Wage and Hour HelpLine at 1-866-4-US-WAGE.
FACT SHEETS
Coverage Under the Fair Labor Standards Act (FLSA) – Provides general information about those covered by the FLSA.
Hours Worked Under the Fair Labor Standards Act (FLSA) – Provides general information concerning what constitutes compensable time under the FLSA.
Youth Minimum Wage – FLSA – Answers a variety of questions about the minimum wage, including the subminimum wage.
Minimum Wage, Recordkeeping, and Child Labor Requirements of U.S. Law – Provides general information concerning federal minimum wage, recordkeeping and child labor requirements that apply to foreign commercial vehicle operators and their helpers who work in United States territory.
E-TOOLS
Comprehensive FLSA Presentation (Microsoft® PowerPoint®)
elaws Fair Labor Standards Act (FLSA) Advisor – Addresses key wage and hour topics, including minimum wage requirements.
POSTERS
Fair Labor Standards Act (FLSA) Minimum Wage Poster – Describes the requirement that every employer of employees subject to the FLSA’s minimum wage provisions must post a notice explaining the Act. (Español) (Chinese)
RECORDKEEPING
Every covered employer must keep certain records for each non-exempt worker. The Fair Labor Standards Act (FLSA) requires no particular form for the records, but does require that the records include certain identifying information about the employee and data about the hours worked and the wages earned. For a listing of the basic records that an employer must maintain, see the FLSA recordkeeping fact sheet.
Prior to paying an employed person the subminimum wage, as allowed under certain provisions of the FLSA, employers may have to apply for a certificate from the U. S. Department of Labor. See the form instructions page for additional information.
APPLICABLE LAWS AND REGULATIONS
The Fair Labor Standards Act (FLSA) – Establishes minimum wages, overtime pay, record keeping, and child labor standards for private sector and government workers.
29 CFR Part 531 – Regulations on wage payments under the FLSA.
RELATED TOPICS AND LINKS
State Labor Offices – When the state laws differ from the federal Fair Labor Standards Act (FLSA), an employer must comply with the standard most protective to employees.
State Labor Laws
DOL CONTACTS*
Employment Standards Administration (ESA) Wage and Hour Division 200 Constitution Avenue, NWRoom S-3502 Washington, DC 20210 Contact WHD Tel: 1-866-4USWAGE (1-866-487-9243) TTY: 1-877-889-5627Local Offices
For questions on other DOL laws, please call DOL’s Toll-Free Help Line at 1-866-4-USA-DOL. Live assistance is available in English and Spanish, Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time. Additional service is available in more than 140 languages through a translation service. Tel: 1-866-4-USA-DOL TTY: 1-877-889-5627
*Pursuant to the U.S. Department of Labor’s Confidentiality Protocol for Compliance Assistance Inquiries, information provided by a telephone caller will be kept confidential within the bounds of the law. Compliance assistance inquiries will not trigger an inspection, audit, investigation, etc.
State map
States with minimum wage rates higher than the Federal
American Samoa has special minimum wage rates
States with no minimum wage law
States with minimum wage rates the same as the Federal
States with minimum wage rates lower than the Federal
Tax Break Expiration Reminder – Be Sure to Take Advantage
WASHINGTON — With 2009 now half over, the Internal Revenue Service reminds taxpayers to take advantage of the numerous tax breaks made available earlier this year in the American Recovery and Reinvestment Act (ARRA).
The recovery law provides tax incentives for first-time homebuyers, people purchasing new cars, those interested in making their homes more energy efficient and parents and students paying for college. But all of these incentives have expiration dates so taxpayers should take advantage of them while they can.
First-Time Homebuyer Credit
The Recovery Act extended and expanded the first-time homebuyer tax credit for 2009.
Taxpayers who didn’t own a principal residence during the past three years and purchase a home this year before Dec. 1 can receive a credit of up to $8,000 on either an original or amended 2008 tax return, or a 2009 return. But the purchase must close before Dec. 1, 2009, and an eligible taxpayer cannot claim the credit until after the closing date. This credit phases out at higher income levels, and different rules apply to home purchases made in 2008.
New Vehicle Purchase Incentive
ARRA also provides a tax break to taxpayers who make qualified new vehicle purchases after Feb. 16, 2009, and before Jan. 1, 2010.
Qualifying taxpayers can deduct the state and local sales and excise taxes paid on the purchase of new cars, light trucks, motor homes and motorcycles. There is no limit on the number of vehicles that may be purchased, and you may claim the deduction for taxes paid on multiple purchases. But the deduction per vehicle is limited to the tax on up to $49,500 of the purchase price of each qualifying vehicle and phases out for taxpayers at higher income levels. This deduction is available regardless of whether a taxpayer itemizes deductions on Schedule A.
Phase out: The deduction is phased out for joint filers with modified adjusted gross income between $250,000 and $260,000 and other taxpayers with modified AGI between $125,000 and $135,000. If you are married and make between $250,000 and $260,000 you will get a portion of the credit. But if you make over $260,000 you will not get any credit. If you are not married and you make between $125,000 and $135,000 you will get a portion of the credit. If you make over 135,000 you will not get a credit.
Energy-Efficient Home Improvements
The Recovery Act also encourages homeowners to make their homes more energy efficient. The credit for nonbusiness energy property is increased for homeowners who make qualified energy-efficient improvements to existing homes. The law increases the rate to 30 percent of the cost of all qualifying improvements and raises the maximum credit limit to a total of $1,500 for improvements placed in service in 2009 and 2010.
Qualifying improvements include the addition of insulation, energy-efficient exterior windows and energy-efficient heating and air conditioning systems.
Tax Credit for First Four Years of College
The American opportunity credit is designed to help parents and students pay part of the cost of the first four years of college. The new credit modifies the existing Hope credit for tax years 2009 and 2010, making it available to a broader range of taxpayers, including many with higher incomes and those who owe no tax. Tuition, related fees, books and other required course materials generally qualify. Many of those eligible will qualify for the maximum annual credit of $2,500 per student.
Certain Computer Technology Purchases Allowed for 529 Plans
ARRA adds computer technology to the list of college expenses (tuition, books, etc.) that can be paid for by a qualified tuition program (QTP), commonly referred to as a 529 plan. For 2009 and 2010, the law expands the definition of qualified higher education expenses to include expenses for computer technology and equipment or Internet access and related services to be used by the designated beneficiary of the QTP while enrolled at an eligible educational institution. Software designed for sports, games or hobbies does not qualify, unless it is predominantly educational in nature.
Making Work Pay and Withholding
The Making Work Pay Credit lowered tax withholding rates this year for 120 million American households. However, particular taxpayers who fall into any of the following groups should review their tax withholding rates to ensure enough tax is withheld, including multiple job holders, families in which both spouses work, workers who can be claimed as dependents by other taxpayers and pensioners. Failure to adjust your withholding could result in potentially smaller refunds or in limited instances may cause you to owe tax rather than receive a refund next year. So far in 2009, the average refund amount is $2,675, and 79 percent of all returns received a refund.
Related Information
For more on the Recovery provisions that may apply to individual taxpayers see the ARRA page on IRS.gov.
Audio Files for Podcast
Tax Breaks for 2009 & 2010: In English and in Spanish
Videos
First-Time Home Buyer Tax Credit
Home Energy Credit
Education Credits – Parents
Making Work Pay Credit
Unemployment Compensation
