Information listed below reference wages is an excerpt from the U.S. Department of Labor Employment Standards Administration Wage and Hour Division (WHD) website, and is provided for your information. If you fill you are not paid in accordance to the Fair Labor Standards Act (FLSA) it is recommended that you first speak with your employer, and if unable to correct the wage issue, and you still feel you are not paid in accordance to the FLSA it is recommended that you contact the nearest U.S. Department of Labor (WHD) office near you for assistance.

 

Tipped Employees

Tipped employees are individuals engaged in occupations in which they customarily and regularly receive more than $30 a month in tips. The employer may consider tips as part of wages, but the employer must pay at least $2.13 an hour in direct wages. The employer who elects to use the tip credit provision must inform the employee in advance and must be able to show that the employee receives at least the applicable minimum wage (see below) when direct wages and the tip credit allowance are combined. If an employee's tips combined with the employer's direct wages of at least $2.13 an hour do not equal the minimum hourly wage, the employer must make up the difference. Also, employees must retain all of their tips, except to the extent that they participate in a valid tip pooling or sharing arrangement.

 

Basic Wage Standards

Covered, nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009. Special provisions apply to workers in American Samoa and the Commonwealth of the Northern Mariana Islands. Nonexempt workers must be paid overtime pay at a rate of not less than one and one-half times their regular rates of pay after 40 hours of work in a workweek. 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 contains some exemptions from these basic standards. Some apply to specific types of businesses; others apply to specific kinds of work. While FLSA does set basic minimum wage and overtime pay standards and regulates the employment of minors, there are a number of employment practices which FLSA does not regulate. For example, FLSA does not require:

1.   vacation, holiday, severance, or sick pay;

2.   meal or rest periods, holidays off, or vacations;

3.   premium pay for weekend or holiday work;

4.   pay raises or fringe benefits; or

5.   a discharge notice, reason for discharge, or immediate payment of final wages to terminated employees.

 

Recovery of Back Wages

Listed below are methods which FLSA provides for recovering unpaid minimum and/or overtime wages.

Wage-Hour of the U.S. DOL may supervise payment of back wages. The Secretary of Labor may bring suit for back wages and an equal amount as liquidated damages. An employee may file a private suit for back pay and an equal amount as liquidated damages, plus attorney's fees and court costs. The Secretary of Labor may obtain an injunction to restrain any person from violating FLSA, including the unlawful withholding of proper minimum wage and overtime pay. An employee may not bring suit if he or she has accepted back wages under the supervision of Wage-Hour or if the Secretary of Labor has already filed suit to recover the wages. A 2-year statute of limitations applies to the recovery of back pay, except in the case of willful violation, in which case a 3-year statute applies. More detailed information on FLSA and other laws administered by Wage-Hour is available by calling our toll-free help line 1-866-4US-WAGE (1-866-487-9243).

 

For those who have access to the Internet, further information may also be obtained on the Wage and Hour Division Internet Home Page which can be located at the following address: www.wagehour.dol.gov.
 

Note: Exchange Visitor Work / Travel and Work Abroad, application and program / service fees fluctuate from sponsor to sponsor, please contact Temporary Employment Solutions Ltd. Co or an ACE office near you for more information.

 

Employers

For most requests such as hiring students participating in the summer work and travel program employers are not charged any fees.  Reference the H2B guest worker program due to changes to U.S. law reference the Guest Worker Program, employers are responsible for paying all legal, and recruitment service fees associated with recruitment and placement of H2B Visa workers.

Canada employers, a fee may be assessed for working as a third party on employer's behalf, and filing necessary documents for a Labor Market Opinion. Visit with a representative for details.

Employer, contact a representative at the contact information listed below, Temporary Employment Solutions may be able to save you time and money.

 

Service Fees for Canadian Employers

Please contact a representative for service fees.