Can an employer pay less than minimum wage?

I work for FedEx and they told me I am
guaranteed 80 per day I work, no more
no less. However, I work anywhere
between 8 and 12 hours per day, which
calculated on average is less than
minimum wage pay

Asked on November 30, 2018 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, while there are some very, very narrow exceptions to the minimum wage laws, they would not apply to an overnight delivery service, because if you are delivering anything ordered by using telephones or internet, or anything which comes from out of state, or receive instructions from out of state or over phone or internet, etc. this would be considered to be "interstate commerce" and so the minimum wage laws apply. Therefore, you must be paid at least minimum wage, and overtime when working more than 40 hours in a week; if you are not, contact the department of labor to file a wage and hour claim.


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