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Anonymous
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Are wages earned in 2017 but not paid until 2018 subject to the minimum wage increase?

Can anyone tell me if wages earned in 2017 but not paid until 2018 are subject to the 2018 minimum wage increase?  All wages were earned in Florida, if so is there any either State of Federal document that I can use to prove my position?

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Level 6

Are wages earned in 2017 but not paid until 2018 subject to the minimum wage increase?

Hi,

Not very well versed in labor laws but I will try my level best to answer your question. 

 

As per the law wages not paid or partially paid and the remaining not paid thereoff can qualify for backpay. These are excerpts from US Dept of Labor -

"A common remedy for wage violations is an order that the employer make up the difference between what the employee was paid and the amount he or she should have been paid. The amount of this sum is often referred to as "back pay." Among other Department of Labor programs, back wages may be ordered in cases under the Fair Labor Standards Act (FLSA) on the various federal contract labor statutes."

 

For more info on the same please click on the link below -

https://www.dol.gov/general/topic/wages/backpay

Or you could call the Dept of Labor Toll Free nos -

1-866-487-2365

Hope this was helpfull.

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Community Champion

Are wages earned in 2017 but not paid until 2018 subject to the minimum wage increase?

The wage increase applies, like all other labor law changes, to pay periods starting january 1, 2018 regardless of when "earned".  No matter how many hours were worked in 2017 all the hours paid in 2018 are at higher rate

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Anonymous
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Are wages earned in 2017 but not paid until 2018 subject to the minimum wage increase?

Hey @john-pero,

 

Awesome advice. A totally random question I've always wondered about (because I've worked the midnight shift on New Years so many times), if I start my shift at 5 pm December 31st and end my shift at 2 am January 1st, should my wage be split in half between the new and old rate?

 

Someone might owe me some back wages... :)

Highlighted
Level 6

Are wages earned in 2017 but not paid until 2018 subject to the minimum wage increase?

Hi James,

Technically a shift is for 8 hours and the Day, Date and Time when it started is marked as the duty shift attendance Day or Date or Time. It will not matter if the shift extends to the next day by the time the 8 hours are up. Over time and short shifts apply the same way. 

 

So 5 pm December 31st is taken as your marking attendance for 12/31/20xx. It wont matter if the regular shift spills over to the next day. Even overtime if any will be calculated for 12/31/20xx.

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Anonymous
Not applicable

Are wages earned in 2017 but not paid until 2018 subject to the minimum wage increase?

Good to know, that's very interesting! 

 

@Sangeethmathew, would you mind making an original post about that? The information would be really useful as we ride the wave of the new year. 

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