On 7/24/09, the federal minimum wage was increased to $7.25 per hour.  As a result, most employers are now required to pay their employees at least $7.25 per hour for each and every hour worked up to forty in a workweek.  Some states have adopted a higher minimum wage.  If you work in a state that has its own wage requirements, the employer must pay you the stated wage.  To see if your state has wage requirements different than those set by federal law, please see the State by State Wage Chart.

If an employee works more than forty (40) hours in a workweek, most employers are required to pay overtime wages calculated at one and a half the regular rate of pay.  For more information about overtime wages, see the Overtime Wage Center.

There are special laws that apply to ‘tipped employees’, like waiters, bartenders, valets, and other employees who regularly receive tips.  For more information about the laws pertaining to ‘tipped employees’, see the Tip Pool Center.

What constitutes ‘time worked’?

Federal law requires employers to pay employees for all work that benefits the employer in some way, that the employer knows or should know the employee is performing, and which the employer has not taken reasonable steps to prevent from occurring.  Federal law does not permit the employer to accept the benefits of the employees’ work without paying the employee appropriate wages.

Employees must be paid for “all hours worked.”  This includes:

1) work that an employer orders to be done and then refuses to count as work time, such as many pre-shift and post-shift activities; and

2) work that an employer knows is being done, or would know about if it made a reasonable inquiry, which the employer ignores.

Work Performed at Home
The rule also applies to work performed away from the office or job site, or even at home. If the employer knows or has reason to believe that the work is being performed, he must count the time as hours worked. The important question is whether the work benefits the employer, not where you do it.

Time You are Required to Spend Waiting for Work
“Time Worked” may also include the time you spend waiting to work under some circumstances. In short, if you must wait to work while on your employer’s premises, you should be paid.  Also, if you are required to be ‘on call’ and, as a result, are unable to use your time freely, your employer should pay you for the time you spend waiting to work.

If you have not received appropriate wages from your employer, please contact Mr. Debes directly for a free and confidential consultation and case evaluation. Mr. Debes has helped thousands of workers receive financial compensation for their employers' violation of wage and hour laws for nearly 20 years.