Here in Washington State, we have the highest minimum wage of any state in the United States. The current 2010 minimum wage is set to $8.55 and will increase to $8.67 starting in 2011. The application of minimum wage laws can be very confusing for both employers and employees alike.  As a Seattle employment lawyer, I understand that there are many questions about minimum wage, so I will try to address the most common concerns in this article.

Who has to be paid the minimum wage? The minimum wage applies to almost every type of employee in any job. There are a few exceptions, however. Students can work internships that compensate through education and school credit rather than in money. Certain contract employees can also establish rates with someone that is below the minimum wage. The minimum wage is established for people 16 years and older, whereas for 14 and 15 year olds, it is legally supposed to be 85% of the regular minimum wage.

How is the minimum wage calculated? First and foremost, it is important to point out that there is a federal minimum wage and a state minimum wage. The federal minimum wage required for any job nationwide that falls under the Fair Labor Standards Act, but is superseded by state law when the state sets their minimum at a higher number. In Washington, the wage is set by making a cost of living adjustment each year in September, which goes into effect the following year on January 1st.

Can employers count tips in their calculation of minimum wage? Some states have a lower minimum wage for workers that get tips, but not Washington. Waiters, valet parkers and anybody else who gets tips as a part of their job still must be paid minimum wage by their employer.

What can I do if my employer is not paying me minimum wage? If you are working a job that legally requires the employer to pay minimum wage, but they are not, then you should seek legal representation immediately. One of the reasons I became a Bellevue employment attorney was to help employees exercise their legal rights when they are being taken advantage of.

               The minimum wage is meant to protect employees and allow them to live on a reasonable wage. When employers do not abide by these rules, the employee should speak with an experienced labor attorney about how to take legal recourse. For more information on minimum wage law, and employment law in general, go to http://www.plg-pllc.com.