The federal minimum wage provisions are set in the Fair Labor Standards Act (FLSA). In the subject areas of minimum wage and overtime pay there is dual regulation by states and by the federal government. If an employment situation falls within the jurisdiction of both state and federal law, then the employer must comply with the state or federal law that sets the higher standard. The federal minimum wage for covered, nonexempt employees as of July 24, 2009, is $7.25 per hour.
Various minimum wage exceptions apply under specific circumstances to workers with disabilities, full-time students, youth under age 20 in their first 90 consecutive calendar days of employment, tipped employees and student-learners. The Department of Labor’s Wage and Hour Division administers and enforces the federal minimum wage law.