MS Minimum Wage ExemptionsFederal Fair Labor Standard Act

MS Minimum Wage ExemptionsThe Fair Labor Standards Act

(FLSA) is a federal law, sometimes called the "Wage and Hour Bill," which was enacted by Congress in 1938. FLSA provisions are administered by the Wage and Hour Division of the U.S. Department of Labor. The law applies to employers who are engaged in "interstate commerce" and it regulates minimum wages, overtime, and child labor laws, as well as other laws..

MS Minimum Wage Exemptions

The Federal Fair Labor Standard Act has declared certain jobs to be exempted from minimum wage laws:

Farm Workers Seasonal Workers Newspaper deliverers Informal Workers (babysitters)

MS Minimum Wage Exemptions

Youth Minimum Wage Program-$4.25

Federal law allows employers in MS to pay a new employee who is under 20 years of age a training wage of $4.25 per for 90days.

MS Minimum Wage ExemptionsMS Student Minimum Wage

$6.16◦Full time high school or college

students who work part-time may be paid 85% of the MS minimum wage for up to 20 hours of work at certain employers.

◦“Student Learning Programs (such as CPE) students 16 and older may be paid 75%.

MS Minimum Wage Exemptions

Employees with Disabilities◦Under Federal laws, any employer

can pay sub-minimum wages to any worker with a physical or mental disability that affects the amount or quality of their work.

**Side Note: The company must file for a certificate with the Department of Labor- (DOC) for them to pay sub-minimum wages to disable employees

MS Minimum Wage ExemptionsMS tipped minimum wage-$2.12

◦Tipped employee may be paid a special minimum wage per hour but must earn at least $7.25 (including tips) per hour.

MS Minimum Wage Exemptions

Minimum Wage Exempt Organization◦Certain nonprofit and educational

organizations may pay workers as little as 85% of the applicable minimum wage.

Child Labor Regulations and RestrictionsChild Labor Law

◦Restricts when children can work and the type of work.

◦Teens hired for nonagricultural employment

◦Must be at least 14 years of age

Child Labor Regulations and Restrictions14 and 15 Years of Age

◦During the School Year: 3 hrs a day, 18 hrs a week & no later than 7pm.

◦No School (breaks) & Summer (June 1- Labor day): 8 hrs a day, 40hrs a week & no later than 9pm

Child Labor Regulations and Restrictions

16 and 17 Years of Age◦Unlimited hours in any occupation other

than those declared hazardous by the Secretary of Labor.

EX: meat slicers, saws, choppers, power-driven bakery machines, etc….

Child Labor Regulations and Restrictions

Jobs Exempt from Child Labor Law◦ Children of any age are permitted to work for

business owned by their parents Except those under 16 may not be employed in mining and under

18 no hazardous jobs.

Minors employed as actors, in motions pictures, theatrical productions, radio, television and the delivery of newspaper are exempt.

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