To ensure fair wages for job seekers and wage earners, both the federal and state governments administer employment laws that employers must comply with. An employee is entitled to receive her wages earned in an accurate and timely manner. If the employer fails to pay her accordingly, it is in violation of the respective law.

Federal Law on Payment of Wages

The U.S. Department of Labor administers the federal minimum wage and overtime laws, which the Fair Labor Standards Act (FLSA) governs. Under the FLSA, employers are required to pay nonexempt employees at least the federal minimum wage of $7.25 per hour, as of July 24, 2009. The FLSA also requires overtime payment for work hours exceeding 40 hours for the workweek at one and one-half the employee’s regular pay rate. Most hourly employees are nonexempt.

Still, an hourly employee can be salaried and nonexempt, if she does not meet the FLSA wage and/or job duties test for salary-exempt status. If an employer refuses to comply with FLSA wage laws, it is in violation of the Act.

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