Can an employer pay less than minimum wage?

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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