In a BLR webinar entitled "Wage & Hour Risks in 2010: Preventing the Most Common (and Costly) Wage & Hour Mistakes," attorneys Mark E. Tabakman and Thomas C. Wigand discussed current federal minimum wage requirements. The attorneys also made note of how state or local minimum wage law takes precedence over federal wage requirements.
Effective July 24, 2009, the federal minimum wage is $7.25 per hour (29 USC 206). The FLSA does not supersede any state or local laws that are more favorable to employees.
If a state has a minimum wage that is higher than the federal minimum, employers subject to the state minimum wage law are obligated to pay the higher rate to employees working in that state.
Mark E. Tabakman, Esq., is a partner in the nationwide law firm Fox Rothschild, LLP. He can be contacted by e-mail at firstname.lastname@example.org.
Thomas C. Wigand, SPHR, Esq., is the founder of Wigand Associates LLP, an employment advisory consulting practice based in Middletown, Rhode Island. He can be contracted by visiting www.wigandassociates.com.