Kansas Min. wage???

[beansmama]

Okay - i was curious what our states minimum wage was, because when our UI runs out this summer, Dh is going to be working at his old old job - taco bell - which is of course min. wage. In oregon it's $7.80.

I was really interested though to find out that some states are even lower than the federal min. wage...and KANSAS was only $2.65/hr????

What the heck? I'm not even from Kansas and that's upsetting to *me*! How can anyone live off that - even w/ 2 full time workers? Does anyone actually get paid that or do employers pay higher anyway?

Okay - just...wondering!

Here's the website: http://www.dol.gov/esa/minwage/america.htm#Texas

[pumpkin]

I'm pretty sure the federal minimum wage prevails if the state wage is lower.

[beansmama]

No - actually it doesn't. There are more than 4 states that are lower - i'm not sure how it's legal but it is. I actually googled Kansas minimum wage and it took me to this page talking about raising it saying that 26,000 people make $2.65/hour (lunch ladies, food packers, etc). Saaaad. I hope they raise it soon!

THey are the lowest in the country - the other states w/ lower than federal are all significantly higher - $5-6/hr (still not good, but better than kansas!)

[polyhymnia]

It is NOT legal to have a minimum wage lower than the federal minimum (which should be about $5.50? Maybe it's gone up a lot but when I was in HS in the late 90's it was 5.15).

http://www.dol.gov/esa/minwage/america.htm

However, it looks like there are exemptions for farm workers and some other jobs - but I would hazard a guess that Taco Bell does not apply.

"Like the Federal wage and hour law, State law often exempts particular occupations or industries from the minimum labor standard generally applied to covered employment. Particular exemptions are not identified in this table. Users are encouraged to consult the laws of particular States in determining whether the State's minimum wage applies to a particular employment. This information often may be found at the websites maintained by State labor departments. Links to these websites are available at www.dol.gov/esa/contacts/state_of.htm."

Also, waitress wage is lower than the standard minimum wage to allow for tips.

[chely7425]

There are also exemptions for tipped positions. For example, in Colorado if you make tips you get paid like 2 something an hour...

[34me]

I think in CO waitstaff went up to $2.35 the last time minimum wage went up. We just got an e-mail today that stated minimum in CO will be $7.01 as of January 1.

[Dar]

I live in Kansas. When a state has a lower minimum wage than the federal minimum wage, the federal minimum applies unless the job is exempt. From the department of labor website:

The minimum wage law (the FLSA) applies to employees of enterprises that have annual gross volume of sales or business done of at least $500,000. It also applies to employees of smaller firms if the employees are engaged in interstate commerce or in the production of goods for commerce<...> Other persons, such as guards, janitors, and maintenance employees who perform duties which are closely related and directly essential to such interstate activities are also covered by the FLSA. It also applies to employees of federal, state or local government agencies, hospitals and schools, and it generally applies to domestic workers.

About 26,00 workers in Kansas earn less than the federal minimum wage, but many of them are exempt FLSA for other reasons - there are federal laws allowing lower wages for the disabled, for example, or for workers who are under 20. Many other states also exempt these workers from minimum wage laws. The only people I know who make less than minimum wage are cognitively disabled workers in sheltered work settings, and I knew similar people in other states who also made less than minimum wage.

I do think it should be raised, but I don't think it's a burning issue. Lunch ladies at a school would be subject to federal minimum wage laws, for example. I am more concerned that workers in Kansas can be fired at will, have no rights to breaks, and cannot refuse to work overtime... and many states have similar laws.

Dar

[boobybunny]

:

Originally Posted by crayolaab

Also, waitress wage is lower than the standard minimum wage to allow for tips.

Not in Oregon.:

[beansmama]

Originally Posted by boobybunny

:

Not in Oregon.:

That's actually not entirely true. My SIL works at Roadhouse Grill in Eugene, or and now that she's a waitress they do deduct money from her hourly pay due to tips! Way not cool - she's looking for another job now...

[kijip]

Originally Posted by beansmama

That's actually not entirely true. My SIL works at Roadhouse Grill in Eugene, or and now that she's a waitress they do deduct money from her hourly pay due to tips! Way not cool - she's looking for another job now...

Umm, I believe that WA and OR have the same law on this point- the minimum wage has to be paid to servers. Is it possible the deductions are TAXES on tip income? A lot of employers turn a blind eye and don't deduct the state and federal income taxes for the tips, which are considered taxable income. This is in the employers best interest (reduces their payroll tax costs) and the short term interest of the employee (more take home pay) but it hurts the employee in the long run since lower taxed income (sometimes artificially low- I have friends that make in excess of $50,000 a year as a server but the vast majority of that is tips!) equals lower benefits for disability or if the worker is near retirement, for SS. A lot of places that do tax tips, tax based on estimated tips. If they are not paying the minimum wage, she should file a report to the state.

I just checked and Alaska, California, Minnesota, Montana, Nevada, Oregon and Washington are the states that require tip workers to be paid the state min. wage. Your sister's employer is either deducting for taxes (which is legit) or is breaking the law.

[phathui5]

Why is he going back to Taco Bell? Are you in a rural area where jobs are scarce? Heck, any other sales position would pay better than that.

[mum4boys]

Originally Posted by crayolaab

Also, waitress wage is lower than the standard minimum wage to allow for tips.

But only if the watiress makes the difference in tips for that hour. So if the waitress makes 0 in tips working from 6 am-7 am she is suppose to make minimum wage for that hour even if she makes $100 in tips working 7 am to 8 am. but no place ever does that.