Federal Minimum Wage
$7.25
Per hour for non-exempt employees under the Fair Labor Standards Act
Utah Overtime Lawyers Services
Wage and Hour Claims
Minimum Wage Violations
Ensuring you receive the minimum wage required by law
Understanding Minimum Wage Requirements
Employees must be paid minimum wage as required by the federal or state law. If employers pay below the set minimum wage, employees may be entitled to compensation.
The Federal Fair Labor Standards Act (FLSA) requires employers to pay a minimum wage, $7.25 per hour, to non-exempt employees. States are also allowed have their own minimum wage laws, many of which are higher than the federal law. When an employee is subject to both state and federal minimum wage laws, the higher minimum wage applies.
Current Minimum Wage Rates
The U.S. Department of Labor’s website shows each state’s minimum wage. When state and federal laws differ, employees are entitled to the higher rate.
Utah Minimum Wage
$7.25
Per hour – Utah follows the federal minimum wage rate
Tipped Employees and Minimum Wage
Employees who receive tips may be paid below minimum wage, depending on if they meet the federal requirements for a “tip credit”.
A “tip credit” allows your employer to count some of your tips towards its wage payment obligations, but only if you earn enough tips to cover the difference between your reduced wage rate and the normal federal minimum wage.
If there are weeks when you make little to no tips, your employer may need to pay you a greater wage to ensure you are at least earning the federal minimum wage.
Common Minimum Wage Violations
Below Minimum Wage Pay
Paying employees less than $7.25 per hour without qualifying for tip credit exceptions or other legal exemptions.
Improper Tip Credit
Taking tip credit when you don’t earn enough tips to cover the difference, or failing to make up the shortfall in slow weeks.
Averaging Pay Periods
Trying to average wages across multiple pay periods to meet minimum wage requirements instead of ensuring each hour meets the minimum.
Illegal Deductions
Making deductions for uniforms, tools, or damages that bring your effective hourly wage below the minimum wage requirement.
How to Calculate if You’re Being Underpaid
Example: Tipped Restaurant Worker
Base Wage
$2.13/hour
Federal tipped minimum
Tips Per Hour
$4.00/hour
Average in slow week
Total Hourly
$6.13/hour
$2.13 + $4.00
Result: Below Minimum Wage!
Since $6.13 is less than $7.25, the employer must pay an additional $1.12 per hour to meet minimum wage requirements.
What You Can Recover
Back Wages
The difference between what you were paid and what you should have received at minimum wage rates.
Liquidated Damages
Up to double the amount of unpaid wages as additional damages under federal law.
Attorney Fees
Your employer must pay your attorney fees and court costs when you win your case.
Free case review
If you believe you have not been paid correctly, please fill out the form below and get in contact with an attorney today!
Need Help with Other Employment Law Issues?
While we specialize in wage and hour claims, our firm also handles a full range of employment law matters including wrongful termination, discrimination, harassment, and retaliation.
- Wrongful Termination
- Discrimination Claims
- Harassment Issues
- Retaliation Cases