Minimum Wage - Federal

There are subminimum wage rates for learners, students and apprentices of 85% of the minimum wage rate.

There are special subminimum rates for handicapped employees whose handicaps prevent them from earning competitive wages and for certain classes of student and apprentice employees.

An employer may credit tips for up to 40% of the minimum wage if the employee customarily and regularly receives more than $30.00 in a month in tips.

It is unlawful for an employer to discriminate against an employee for filing a Fair Labor Standards Act complaint. (29 U.S.C. s. 215(a)(3))

An employer who violates the Fair Labor Standards Act is liable to the employee for the unpaid wages, an additional equal amount as liquidated damages and reasonable attorney's fees. (29 U.S.C. s. 216(b))

If the employer shows to the satisfaction of the court that the act or omission giving rise to the action was in good faith and that it had reasonable grounds for believing the the act or ommision was not a violation of the Fair Labor Standards Act, the court may in its descretion award no liquidated damages or award any amount not to exceed those damages. (29 U.S.C. s. 260)

An action under the Fair Labor Standards Act may be commenced with two years after the cause of action accrued except that a cause of action arising out of a willful violation may be commenced within three years. (29 U.S.C. s. 255(a))
On April 27, 2021, President Biden issued an Executive Order that directed the Department of Labor to develop rules to ensure that federal contract and subcontract employees are paid a minimum of $15.00 per hour starting on January 30, 2022, and then adjusted annually to the Consumer Price Index. On November 22, 2021, the Department of Labor announced a Final Rule implementing the increased minimum wage. The Final Rule becomes effective January 30, 2022. On January 13, 2022, the Department of Labor issued a Field Assistance Bulletin clarifying the requirements of the new standard.

On January 21, 2022, the Office of Personnel Management issued a Memorandum for Heads of Executive Departments and Agencies implementing a $15 per hour minimum pay rate for Federal employees effective January 30, 2022.