My employer pays me only 5.15 per hour. Is this legal?

Green Phoenix

Okay, I looked it up, and if you're under 20 for the first 60 days your employer can pay you $6.55 effective July 24, 2008 and that's the latest update

If you're over 20, then he must pay you minimum wage from the day you start

Good luck with they employer, and if you need proof, show him the source

StephenWeinstein

1. First, the minimum wage was raised "to $7.25 per hour effective July 24, 2009". It is no longer $7.15.

Prior to July 24, 2009, PA law allowed a "training wage for workers under 20 years of age", which could be less than the PA minimum wage, but not less than the federal minimum wage. However, this is no longer the case, because the federal and PA minimum wages are now equal to each other. You must be paid at least $7.25 per hour.

2. If you are paid less, you can file a complaint online at https://www.dlicts.state.pa.us/cts.aspx?c=minimumwage or download a paper form from http://www.dli.state.pa.us/landi/lib/landi/laborlaw/pdf/llc-22.pdf and print and mail it.

Wake up, Donnie

Geez
I would quit
Yeah I'm pretty sure it's illegal
Unless you're getting paid under the table or something
But yeah,I would quit in a heart beat if I were you =/

gohanss464601

no minimum wage is minimum wage

thekeeblerelf943

I don't live in Penn, so I wouldn't know, but I would go with "No."

Did you give him your social security number? are you getting paid with cash or personal checks, or are you getting paid with an ACTUAL pay check? If you are not getting paid with an actual paycheck, then you are being paid "under the table" which means you are not actually employed. talk to HIS boss about the policy if your confused (and if they have one), otherwise, look online at some of your local government websites to figure it out. good luck!

pcchea

No, he must pay you at least minimum wadge, or it's illegal

Chanakya

Ask them why you are being paid two dollars less than minimum wage. You can refer to Pensulvania's minimum wage act before doing that.

Jennifer H

Are you being paid cash? If you are i would keep my mouth shut because you are getting a better deal that way.
But ya, if you are getting a check from the company and having taxs and what-have-you taken out then yes...that is illegal.

Corey

This is not legal and he could get in big trouble for this. Under the training wage law, which applies to workers under age 20, he has to pay you at least $6.55. This law expires July 23rd, after which time there is no reduced rate allowed, it's the same $7.15.

I kindly show your boss the law and ask him to make up the $2/hour for what you've worked so far. If he doesn't comply call the BBB on his ***.

Martini Babee

I don't live in Pennyslvania...but I did find this information on the internet that may be helpful to you.

http://www.dli.state.pa.us/landi/cwp/view.asp?a=142&q=206139

Look under Training Wage for Employees under 20 years of age:

Accordingly, he should pay you $6.55 an hour (he is looking at the old wages - please view the website above and print a copy for him). You can only receive this wage ($6.55 an hour for 60 days....!!!) After your 60 days - the minimum wage is $7.55 an hour....make sure he makes a note of this...HE IS PAYING YOU THE WRONG HOURLY WAGE!

Ex-Spurt

Some jobs (like waitstaff in a restaurant) are exempt from the minimum wage requirement because tips are a big part of compensation. Do you fall into that category? I know people who are legally making $2.50/hr as waiters.

Something you can do. Every business with employees must post the current FLSB-mandated minimum wage poster in a public area accessible to employees. You can likely find it on the www.dol.gov website. If it is not posted by your employer, you may have some ammunition if you get fired after asking for a raise. You will need hard evidence it wasn't posted and will need pay stubs proving you were making so little. Red flags go up if you do not have any documentation for a regular job requiring minimum wage to be paid.

Also, many states allow for lower payments if you are a family member or if you are younger than 18. Look for those statutes governing your state.

loves christmas lights

Id call the labor board. Most employers by law have min wages set, either by state, or by federal law, some states dont have their own min wage.
It looks like there are rules for companies with a certain low amount of employees. Lets say your in fast food, go to another fast food and ask the mgr if your company is going whats correct too, for faster help. You never know there can be all kinds of ifs ands and buts to payroll. But always know, you agreed to do this, and knowing jobs are hard to get some figure you will stay instead of looking for a new job. But get the right info these links will lead you there. Wow your good, I have that link most likely below. I saw the mention of under 20 but still there could be more involved rules. The manager also, might honestly not know of the changes, due to, the company never informed him, or trained him improperly, or someone has misunderstood the rules, so for now, consider it an honest mistake then call and get the proper info at the labor dept.

sailboatsandbutterflies

Hi the law is very detailed as you posed--your best bet would be to contact your local Labor Dept & ask because your asking a very detailed question.

Dr. PHILlis (in training)

In every employment office everywhere, there's posters posted up with the minimum wage up. If you are in a sit down restaurant setting, it may be less. However, if it's like a fast food, then i highly doubt that he's playing the rules. If it's a franchise, that maybe one way he's been flying under the radar. But you call the number that's on the federal minimum wage poster and report him if you feel that he's done you wrong. You never know until you try, and who knows, if he is wrong, then he'll have to compensate every dollar back to you. But call them and see what's the deal. If he's in the wrong, file a complaint.

michr

The federal minimum wage for those under 20 is $4.25 and is for the first 90 days.
http://www.dol.gov/elaws/faq/esa/flsa/003.htm
Since the state has a law concerning this the higher standard must be followed which is the 60 days. The state law does not cover the rate just number of days.

Under the section noted in Pennsylvania law the $5.15 is possibly legal
(I know, not what you want to read or what others "think")
6(a) of the Fair Labor Standards Act (29 U.S.C. Â§ 206(a))
http://www4.law.cornell.edu/uscode/29/usc_sec_29_00000206----000-.html
This is why you need to contact the Department of Labor and ask, web-sites only provide generic answers to generic questions.

If you feel you are not being paid properly contact the Department of Labor but due to the size of this business, gross revenues & number of employees, labor laws may not even cover them. Not all businesses are covered by State Laws and Federal Law does not cover some. Only your local department can give you a totally accurate and binding answer once they have ALL of the relevant facts.

This may be illegal and probably is but it MAY be very legal, general answers as provided here have not accounted for all the possible exemptions, exceptions and clauses that are a part of every law.

Only the Department of Labor in Pennsylvania can answer this and resolve the issue for you.

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