Federal minimum wage provisions are contained in the Fair Labor Standards Act (FLSA), and the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) administers and enforces the federal minimum wage law. The current federal minimum wage is $7.25 per hour, and has been since July 24, 2009.

The federal minimum wage does not increase automatically. The U.S. Congress must pass a bill that the president signs into law in order for the minimum wage to go up.

Many states also have minimum wage laws. In cases where an employee is subject to both state and federal minimum wage laws, the employee is entitled to the higher of the two minimum wages. Employers must comply with both federal and state wage laws.

Sub-minimum wage

The FLSA provides for employment of certain individuals at wage rates below the statutory minimum. Note that state laws may not recognize these federal provisions, and states may still require the full minimum wage for employees who could have been paid sub-minimum wages under federal regulations.

Various exceptions to the minimum wage apply under specific circumstances to tipped workers, workers with disabilities, full-time students, employees under age 20 in their first 90 consecutive calendar days of employment, and student-learners.

• Disabled workers
  Included under sub-minimum wage provisions are individuals whose earning or productive capacity is impaired by a physical or mental disability, including those related to age or injury, for the work to be performed. Employment at less than the minimum wage is authorized only under certificates issued by the WHD.
  
  This does not apply unless the disability impairs the worker’s earning or productive capacity for work being performed. The fact that a worker may have a disability is not in and of itself sufficient to warrant payment of a special minimum wage.
  
  Any individual whose earning or productive capacity is impaired by a physical or mental disability, including those related to age or injury, may be paid sub-minimum wages when the impairment is certified by the DOL. The sub-minimum wages must be comparable to wages paid to non-disabled workers. The DOL authorizes employment at less than the minimum wage to increase opportunities for disabled workers to be employed.
  
  Employers interested in applying for a sub-minimum wage certificate for disabled workers should contact the WHD office in their region.
• Youth wages
  The FLSA allows employers to pay a youth minimum wage of not less than $4.25 an hour to employees who are under 20 years of age during the first 90 consecutive calendar days after initial employment. The law contains certain protections for employees that prohibit employers from displacing any employee in order to hire someone at the youth minimum wage.
  
  The eligibility period runs for 90 consecutive calendar days (not scheduled working days), beginning with the first day of work for an employer. It does not matter when the job offer was made or accepted, or when the worker was considered hired. The 90-day period starts with (and includes) the first day of work for the employer. It does not matter how many days during this period the employee performs any work.
• Full-time students
  The Full-time Student Program is for full-time students employed in retail or service stores, agriculture, or colleges and universities. The employer that hires students can obtain a certificate from the DOL that allows the student to be paid not less than 85 percent of the minimum wage.
  
  The certificate also limits hours that the student may work to eight hours in a day and no more than 20 hours a week when school is in session and 40 hours when school is out. It also requires the employer to follow all child labor laws. Once students graduate or leave school for good, they must be paid the statutory minimum wage.
  
  There are some limitations on the use of the Full-Time Student Program. For information on the limitations or to obtain a certificate, contact the nearest WHD office.
• Student learners
  This program is for high school students at least 16 years old who are enrolled in vocational education (shop courses). The employer that hires the student can obtain a certificate from the DOL that allows the student to be paid not less than 75 percent of minimum wage, for as long as the student is enrolled in the vocational education program.
  
  Employers interested in applying for a student-learner certificate should contact the WHD office with jurisdiction over their state.