The Fair Labor Standards Act - General Information

This article contains general information regarding wage & hour laws applicable under the federal FLSA and in the state of Texas.  Some states have laws that vary from the FLSA so consult with a local employment attorney if you have any specific inquiries.

Federal Minimum Wage:

$5.85 per hour beginning July 24, 2007
$6.55 per hour beginning July 24, 2008
$7.25 per hour beginning July 24, 2009

Overtime Pay: At least 1½ times an employee's regular rate of pay for all hours worked over 40 in a workweek.

Youth Employment: An employee must be at least 16 years old to work in most non-farm jobs and at least 18 to work in non-farm jobs declared hazardous by the Secretary of Labor.

Youths 14 and 15 years old may work outside school hours in various non-manufacturing, non-mining, non-hazardous jobs under the following conditions:

No more than
• 3 hours on a school day or 18 hours in a school week;
• 8 hours on a non-school day or 40 hours in a non-school week.

Also, work may not begin before 7 a.m. or end after 7 p.m., except from June 1 through Labor Day, when evening hours are extended to 9 p.m. Different rules apply in agricultural employment. For more information, visit the YouthRules! Web site at www.youthrules.dol.gov.

Tip Credit: Employers of "tipped employees" must pay a cash wage of at least $2.13 per hour if they claim a tip credit against their minimum wage obligation. If an employee's tips combined with the employer's cash wage of at least $2.13 per hour do not equal the minimum hourly wage, the employer must make up the difference. Certain other conditions must also be met.