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Q: Which federal law(s) cover payment of a minimum wage?
A: The Fair Labor Standards Act (FLSA) contains the federal minimum wage provisions. Under the FLSA, covered employees must be paid at least the minimum wage. Many states, and some cities, also have minimum wage laws.
Q: Can my employer pay me less for certain hours or average my pay?
A: While your employer may pay you different rates for different kinds of work, the pay rates cannot be averaged to meet your employer's minimum wage obligations. Hourly employees must be paid minimum wage for all hours worked. For example, your employer could not pay you $6.50 for certain hours worked, even if for the rest of the hours worked, you were paid $8.00 per hour, making your average rate of pay higher than $7.25 per hour.
Q: If my state or city's minimum wage is higher than the federal minimum wage, what is my employer required to pay me?
A: Where an employee is subject to both the state and federal minimum wage laws, the employee is entitled to higher of the minimum wages. If you are not covered by the federal minimum wage laws, that does not mean that you are also exempt from your state minimum wage requirements.
"When we talk about the kind of folks whose lives will be made better by raising the minimum wage, we're not talking about a couple teenagers earning extra spending money to supplement their allowance. We're talking about providers and breadwinners. Working Americans with bills to pay and mouths to feed."
–Tom Perez
from Pew Research