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Wage and hour issues include state and federal minimum wages, overtime or premium pay requirements, meal periods, rest breaks, prevailing wages for construction jobs, and child labor laws. In many areas of wage and hour requirements, there are both state and federal laws that apply.
Minimum Wage and Overtime
The Federal Fair Labor Standards Act (FLSA) provides for minimum wages and overtime requirements for public and private sector employees covered under the Act. The FLSA does not require paid vacations, sick leave or other benefits. Many states have adopted their own minimum wages, often set higher than the current federal minimum wage of $7.25. In addition, some states have established their own thresholds for overtime or premium pay.
Child labor standards are set by the federal government but work permits are issued by the states and many states have adopted their own requirements for child labor.
Prevailing wages on publicly funded public works projects are required under the Federal Davis-Bacon Act, which requires payment of locally adjusted wages to construction workers. Many states have adopted their own versions of the federal law, often called "Little Davis-Bacon" laws, setting thresholds and requiring payment of prevailing wages on state funded public works projects. Prevailing wage requirements do not apply to private sector employers unless they are working on publicly funded construction projects.
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