1 Wages & Hours: Law and Practice § 4.02

Summary

• [.01] Generally

  The statutory requirement to pay minimum wages is not limited to employees who are paid by the hour; employees who are paid by the week or on a salary, commission, piecework or other basis are also covered.1 Issues, therefore, arise concerning application of the hourly standard to non-hourly employees. Further, to determine whether the minimum wage has, in fact, been paid, it is necessary to consider the types of remuneration that constitute “wages.”

  It is also necessary to determine whether the employee is engaged in “work” during the period for which wages are claimed. Those who work for their own advantage on the premises of another are not “suffered or permitted to work” within the meaning of the FLSA.2