Labor standards are a mixture of federal labor laws and state laws and regulations. Although, the Fair Labor Standards Act (FLSA) sets the minimum wage and overtime standards, it does not prevent states from setting their own higher standards. States can even enact their own laws which apply to workers that are not covered by the FLSA. If there is more than one standard (e.g., the FLSA, state law, or local ordinance), the standard most favorable to the employee is applicable.
Just like the FLSA, most state laws have exempted certain categories of employees from the minimum wage and overtime requirements. Similar to the FLSA, state laws often exempt executive, administrative and professional employees, students, handicapped workers and outside salespersons from overtime requirements. Generally, states have fewer exemptions than those allowed under
the FLSA. More importantly however, even where the same exemptions exist, the state laws may define the exemption differently than the FLSA.
Many states follow the federal statutes such at the Fair Labor Standards Act and other federal labor laws and do have their own labor laws. However, a number of states have their own labor laws such as a higher than federal minimum wage, requirements as to when overtime must be paid and for how much, if paid or unpaid break and lunch periods must be provided, on what grounds an employer may terminate an employee in that state. Each state varies greatly on what requirements exist. Following links provide information on the various state labor and wage & hour laws:
Current State Minimum Wage RatesMinimum Rest Period Requirements Under State LawsMinimum Length of Meal Period Required Under State LawsMinimum hourly cash wage for tipped employees under StateState payday requirements
At Preston & Brar LLC, we offer our clients a depth of understanding of the different states wage and hour laws that is backed by more than 25 years of combined experience. Our attorneys have the skill and knowledge needed to help you effectively navigate the complexities of the states wage and hour laws and explain how it applies to your individual situation and the situations of similarly situated workers. Let us help you secure the overtime pay you are legally entitled to under the different states wage and hour laws.
