Minimum Wage Violation

The Fair Labor Standards Act (FLSA) mandates a minimum wage for all employees on the federal level. Each state may have its own minimum wage but it may not be lower than the FLSA rate. In Wisconsin, there are several categories for minimum wage which reflects the FLSA regulations and may provide the basis for any claim of minimum wage violation.

The current minimum wages in Wisconsin, effective as of July 24, 2009, are the following:

  • General Employees
    • Non-opportunity – $7.25 an hour
    • Opportunity – (less than 20 years old, employed for 90 days or less) – $5.90 an hour
  • Tipped Employees
    • Non-opportunity – $2.33 an hour
    • Opportunity (less than 20 years old, employed for 90 days or less) – $2.31 an hour
  • Agricultural Employees
    • Adults – $7.25 an hour
    • Minors – $7.25 an hour
  • Caddies
    • 9 holes – $5.90
    • 18 holes – $10.50
  • Camp counselors (adults and minors)
    • With board and lodging – $210 a week
    • With board only – $265 a week
    • No board or lodging – $350 a week

For employees for whom board and lodging is provided for the employees, the following are the maximum that may be deducted from an employee’s salary:

  • Non-agricultural Employees
    • Board
      • Non-opportunity – $58.00 per week or $8.30 per day
      • Opportunity – $47.20 per week or $6.75 per day
    • Meals
      • Non-opportunity – $87.00 per week or $4.15 per meal
      • Opportunity – $70.80 per week or $3.35 per meal
  • Agricultural Employees
    • Board  – $58.00 per week or $8.30 per day
    • Meals – $87.00 per week or $4.15 per meal

When employers fail to follow these guidelines for the minimum wage law as well as the maximum deductions for room and board, this may be a minimum wage violation. Provided the plaintiff is not exempt from the minimum wage law, a claim may be filed to recover lost wages and perhaps to get some compensation for any losses that resulted from a lack of proper compensation. For more information in Spanish about minimum wage laws in Wisconsin, your legal options can be further explained by an experienced lawyer.

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