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Minimum wage issues are primarily state issues and are often
intertwined with overtime issues. The federal Fair Labor Standards Act
(FLSA) may apply in states depending upon the status of state laws and
regulations. There has recently been activity in the US Senate concerning
the potential of raising the minimum wage.
In March 2005, the Senate defeated a series of amendments that would
have raised the minimum wage significantly. However, key Senators said
in advance they hoped to use the issue to increase chances for passage
of state minimum wage initiatives in 2006, as well as to highlight
differences with Senators who will be on the ballot next year. Thus,
we anticipate this debate will continue. Visit the ACA public policy
Web page at www.ACAcamps.org/publicpolicy for updates.
In the mean time, we have developed the following questions to help camps
understand the issues. First and foremost, it is important for you to contact
your state labor agency — they can help you. Following are key questions
to ask:
- Does your state have its own minimum wage laws or does it
accept the federal law (FLSA)?
- Is there a state exemption from minimum wage and/or overtime for
seasonal or recreational workers? What is the exemption and who is
it for?
- Does your state have exemptions for the following individuals working
in camp?
- Students
- Program Counselors or Program Specialists
- Professionals (e.g., Nurses)
- What is the base rate you must pay? (e.g., forty hours at minimum
wage, etc.)
- Do room and board allocations count toward the minimum wage requirement?
What is the maximum amount allowed for room and board?
- How does the state count on-duty hours—specifically in regards
to sleeping and mealtimes?
- What is the definition of functional staff in your state and are
there differences in wage and hour provisions related to those positions?
- What kind of recording documentation system or time card is required
by the state to verify hours worked and hours paid?
- What type of information pertaining to minimum wage is required
to be posted and accessible to employees in your state?
Originally published in the 2005 Spring issue
of The CampLine.
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