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The federal minimum wage remains unchanged at $7.25/hr. However, various states will either increase or decrease their state minimum wages come January 1, 2010, whereas other states have elected not to change their current rate.

States that are increasing their minimum wage

Alaska
$7.75/hr. Effective January 1, 2010 the minimum wage must be at least fifty cents more than the federal minimum wage. Alaska Statutes, §23.10.065.

Connecticut
$8.25/hr. Effective January 1, 2010, the Connecticut minimum wage will increase from $8.00/hr to $8.25/hr. General Statutes of Connecticut, §31-58.

Kansas
$7.25. Effective January 1, 2010, Kansas’s minimum wage increases from $2.65/hr to $7.25/hr. Kansas General Statutes § 44-1203.

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The federal minimum wage is set to increase to $7.25 on July 24, 2009. Additionally, 23 states will also increase the minimum wage for employers subject to state wage and hour laws. The majority of these increases take effect on July 24, 2009, but three states raise their minimum wage effective July 1, 2009.

In addition to noting the wage increase, employers should ensure that they are properly displaying a copy of the state’s current minimum wage poster in a conspicuous location in the workplace that notes the wage increase, even if the increase will not affect hourly employees at any particular workplace.

The following states have increased their state minimum wage:

Delaware
• $7.25/hr. effective 7/24/09

District of Columbia
• $8.25/hr. effective 7/24/09

Federal
• $7.25/hr. effective 7/24/09

Florida
• $7.25/hr. effective 7/24/2009

Idaho
• $7.25/hr. effective 7/24/09

Illinois
• $8.00/hr. effective 7/1/09

Indiana
• $7.25/hr. effective 7/24/09

Kentucky
• $7.25/hr. effective 7/1/09

Maryland
• $7.25/hr. effective 7/24/09

Missouri
• $7.25/hr. effective 7/24/09

Montana
• $7.25/hr. effective 7/24/09

Nebraska
• $7.25/hr. effective 7/24/09

Nevada
• If health benefits are available:
Effective 7/1/09 $6.55/hr (employers subject to the FLSA should see federal requirements)
• If the employer does not provide qualified health benefits:
Effective 7/1/09 $7.55/hr

New Jersey
• $7.25/hr. effective 7/24/09

New York
• $7.25/hr. effective 7/24/2009

North Carolina
• $7.25/hr. effective 7/24/09

North Dakota
• $7.25/hr. effective 7/24/09

Oklahoma
• $7.25/hr. effective 7/24/09

Pennsylvania
• $7.25/hr. (large employers) effective 7/24/09
• $7.25/hr. (small employers) effective 7/24/09

South Dakota
• $7.25/hr. effective 7/24/09

Texas
• $7.25/hr. effective 7/24/09

Utah
• $7.25/hr. effective 7/24/09

Virginia
• $7.25/hr. effective 7/24/09

Wisconsin
• $7.25/hr effective 7/24/09
 

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Several new wage and hour bills made it through various state legislatures during the first quarter of the year. Below is a wrap up of new developments (including regulatory updates) since the beginning of the year.

Arkansas House Bill 1552 Effective 7/17/2009.  Requires employers to provide unpaid break time and reasonable locations for expressing breast milk.

California Assembly Bill x2 5 Effective 1/1/2010.  Eases the requirements for an alternative work week. For additional information see our previous Blog entry, Requirements for Use of Alternative Workweek in California Eased Slightly.

Iowa Senate File 618 Effective July 1, 2009. Updates civil and criminal penalties of up to $10,000 for the illegal use of child labor and from $100 to $500 per violation for workplace labor violations.  For additional information see our previous Blog entry New Mexico and Iowa Toughen Penalties for Wage and Hour Violations.

Massachusetts Senate Bill 2438 Effective 4/9/2009.  A mother may breastfeed her child in any public place or establishment or place which is open to and accepts or solicits the patronage of the general public and where the mother and her child may otherwise lawfully be present. The statute doesn't specifically mention employment, however it can be construed to include places of employment.

Montana House Bill 101 Effective 3/20/2009.  Revises the time period that an employer may withhold money from an employee's final paycheck in cases of theft or property or theft of funds.

Missouri Regulation 8 MO-ADC 4.010 et seq Effective 3/30/2009.  The Missouri Department of Labor's minimum wage regulations expressly adopts interpretations of the FLSA, and federal regulations.  For additional information see our previous Blog entry, New Missouri Wage and Hour Rules Reintroduce Federal Interpretations.

Nevada Minimum Wage and Overtime Rates Announced Effective 7/1/2009. For more details see our previous blog entry here.

New Mexico House Bill 849 Effective Jun 19, 2009.  Allows workers to collect treble damages against employers that violate the state's $7.50-an-hour minimum wage law.  For additional information see our previous Blog entry New Mexico and Iowa Toughen Penalties for Wage and Hour Violations.

North Dakota Senate Bill 2344 Effective September 5, 2009.  Provides that if the woman acts in a discreet and modest manner, a woman may breastfeed her child in any location, public or private, where the woman and child are otherwise authorized to be.  Although this portion of the new law it does not expressly mention employers, its terms are broad enough to apply to the workplace.

Oregon Regulation OR-ADC 839-020-0050 Effective 1/12/2009.  Clarifies meal and rest period requirements in situations where providing a 30-minute uninterrupted meal period is not feasible. For additional information see our previous blog entry here.

US House Resolution 11 Effective 5/28/2007.  The Lilly Ledbetter Fair Pay Act, which Congress made retroactive to May 28, 2007, extends the time period for employees to assert pay discrimination claims by making each paycheck a discriminatory act; not just the initial pay determination. For further information, see Littler ASAP Paycheck Rule Revived for Pay Discrimination Claims with Signing of the Lilly Ledbetter Fair Pay Act.

Virginia Senate Bill 1264 Effective 7/1/2009.  Allows employers to utilize prepaid credit cards or a debit card without employee's consent for employees hired after January 1, 2010, when the employee has not designated a financial institution to receive direct deposit of the employee's wages.

Wisconsin Regulations DWD 272.01 et seq. Effective 7/24/2009.  Changes the state minimum wage to $7.25 an hour effective July 24, 2009. Also changes opportunity wage and allowance for boarding.

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The Missouri Department of Labor and Industrial Relations has promulgated new regulations to address the 2008 amendments to the Missouri Minimum Wage Law. The new regulations follow a series of changes over the last several years to Missouri law concerning employee compensation. In November 2006, Missouri voters amended the Missouri Minimum Wage law by ballot initiative. See Mo. Rev. Stat. § 290.500 et seq. The amended law, effective January 1, 2007, increased Missouri’s minimum wage and provided for future increases (under its schedule, Missouri’s minimum wage increased to $7.05 January 1, 2009). The ballot initiative changed the law in other important, and possibly unintended ways, including use of language that resulted in rejection of most FLSA exemptions and alternative compliance calculations that had previously been followed in Missouri for decades. In Spring 2008, the Missouri legislature amended the Minimum Wage law to reintroduce certain principles of the FLSA. The Missouri Department of Labor and Industrial Relations published regulations in September 2008, effective March 30, 2009, that address the amendments to the Missouri statute. Except as otherwise specified, the Missouri Department of Labor expressly adopts interpretations of the FLSA; federal regulations are incorporated into the new Missouri regulations by reference. 8 CSR 30-4.010. The Missouri regulations also include a new rule concerning the handling of administrative complaints and notice requirements. 8 CSR 30-4.060.

This blog entry was authored by KIMBERLY YATES.
 

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The start of a new year often brings with it changes in governing wage and hour legislation. Effective January 1, 2009, eleven states will increase the minimum wage for employers subject to state wage and hour laws. In addition to noting the wage increase, employers should ensure that they are properly displaying a copy of the state’s current minimum wage poster in a conspicuous location in the workplace that notes the wage increase, even if the increase will not affect hourly employees at any particular workplace.  The following states have increased their state minimum wage, effective January 1, 2009:

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