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Frequently Asked Questions about Wages and Benefits

Q: How often does the minimum wage increase?

A: There is no set schedule for federal minimum wage increases. The federal minimum wage does not change unless Congress passes a law to change it. It was set at $5.15 per hour for 10 years until it was raised on July 24, 2007, to $5.85 by the Fair Minimum Wage Act of 2007. The Act scheduled additional 70 cent increases to take place on the same date each in 2008 and 2009. Most states also have enacted minimum wage provisions, several of which require higher minimum wages than the federal rate. In a given state, the higher of the state or federal rate will apply.

Q: What is the "prevailing wage?"

A: Some laws require that private employers with government contracts pay their employees no less than the usual wages or fringe benefits that comparable workers in the locality are paid. This amount, called the "prevailing wage," is determined by government regulation, and applies only to workers employed under a government contract.

Pensions are an important part of the wages and benefits employees receive. As the baby-boom generation ages, and as workers become increasingly anxious about the continued stability of the Social Security system, pensions sponsored by an employer will become even more important to employees. Federal law regulates the operation of most pension plans. These laws are extremely complicated. If you have questions about the operation of your pension plan, or about the benefits to which you are entitled, you should contact an attorney who is knowledgeable in this area of the law.

Waiters: Do you share your tips?

Houston Employee Wage and Benefit Attorney
Texas Employment Lawyers

The Debes Law Firm focuses on representing employees whose employers have violated laws and regulations that govern the employee/employer relationship.

Does your employer refuse to pay you minimum wage or overtime pay you have earned? Are you required to share your tips with workers who don't directly serve the customer? Please contact our Texas employment lawyers for a free consultation and case evaluation.

To learn more about wage and benefit law, please review the general information below or visit our overtime pay disputes and tip pool violations practice pages.

Wages and Benefits - An Overview

Getting paid the wages you deserve, and getting the benefits you are entitled to receive, are important topics for most workers. Determining what we deserve, and what we are entitled to, has become increasingly complicated. Rules on wages have changed over the years, and the laws and rules that govern benefit plans are very complicated and difficult to understand. An attorney with a background in employment law can help you cut through the confusion and determine you what you are entitled to receive.

Wages and Overtime

The paychecks we are promised for our work are, for most of us, a major reason for working at all. Compensation causes us to pick between jobs, to choose between working and retiring, and to select from among different places to live. Federal and state governments both recognize the importance of wages, and have enacted many laws designed to protect your interest in receiving fair pay for your work. An experienced employment law attorney can help you take advantage of the protections offered by those laws.

Family and Medical Leave

The Family and Medical Leave Act (FMLA) is a federal law that lets employees who are covered by the Act have extended time away from work. The time away is used to handle certain family or medical needs. Many states have similar laws that may provide additional coverage. An attorney with experience in employment law can tell you if you or your business are covered by the FMLA, and what the exact requirements of the Act are.

Domestic Partner Benefits

The term "domestic partner benefits" refers to employee benefit plans that offer to non-married couples the same or similar benefits as those provided to married couples. More and more employers, in both the public and private sectors, are offering benefit plans that provide coverage to the unmarried partners of employees. Some cities and states require such coverage as a condition of obtaining government contracts. Although domestic partner benefits are increasingly popular, the rules that govern those benefit plans are not uniform. In some states, insurance companies may be prohibited from marketing benefit plans that cover domestic partners. An experienced employment law attorney can advise you on the rules that govern domestic partner benefits in your jurisdiction.

Military Leave

America's military is relying more and more on part-time, citizen soldiers to accomplish its many missions. Both Reserve and National Guard members have been called to active duty and are serving in posts all over the world. While these troops are proud to serve wherever they are called, there is no doubt that a lengthy tour of active duty, away from one's regular employment, can be a burden on both the soldier and his or her family. There are a number of legal protections for Reservists and Guard members called to active duty that can help to ease that burden. An attorney with experience in employment law can advise about all of your rights under the law.

Wages and Benefits Resource Links

Wage and Hour Division
Federal agency in charge of enforcing minimum wage and overtime pay laws.

FairPay
Explains the rules and regulations for determining which employees are exempt from overtime pay requirements.

Minimum Wage Poster
Copy of the poster on minimum wage laws employers must post at the workplace.

Bureau of Labor Statistics
Statistical information on wages, earnings, employment, and other topics

Uniformed Services Employment and Reemployment Rights Act (USERRA) Advisor
Advice for veterans on their rights to reemployment after an absence due to military service.

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Located in Houston, Texas, the attorneys of the Debes Law Firm represent clients nationwide. Regionally we serve the uptown, downtown and Galleria areas of Houston, the cities of Austin, Bellaire, Bryan, College Station, Corpus Christi, El Campo, Horton, Galveston, Port Arthur, Sugar Land, Texas City, and West University, as well as residents of Brazoria County, Fort Bend County, and Harris County.