US law do has some exemption from minimum wage and overtime pay, but specifically not apply to any manual worker, blue collar worker. The exemption only apply to Executive, Administrative, Professional, Computer & Outside Sales Employees Under the Fair Labor Standards Act (FLSA).
To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week, that will be $23660/year.
对于没立州法的各州,表明其实施联邦法。有州法和联邦法实施对雇员更优惠的那个法。
ttp://***dol.gov/elaws/faq/esa/flsa/002.htm
Some states have minimum wage laws specific to tipped employees. When an employee is subject to both the federal and state wage laws, the employee is entitled to the provisions which provides the greater benefits.
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联邦劳动部对有小费的小型企业如何实施最低工资的州法和联邦法解释如下:
elaws - employment laws assistance for workers and small businesses - Fair Labor
The Fair Labor Standards Act (FLSA) requires payment of at least the federal minimum wage to covered, nonexempt employees. An employer of a tipped employee is only required to pay $2.13 an hour in direct wages if that amount plus the tips received equals at least the federal minimum wage, the employee retains all tips and the employee customarily and regularly receives more than $30 a month in tips. If an employee's tips combined with the employer's direct wages of at least $2.13 an hour do not equal the federal minimum hourly wage, the employer must make up the difference.
看来有些在美国呆久了的人确实不如梦游美国的:The Fair Labor Standards Act (FLSA) requires payment of at least the federal minimum wage to covered, nonexempt employees. An employer of a tipped employee is only required to pay $2.13 an hour in direct wages if that amount plus the tips received equals at least the federal minimum wage, the employee retains all tips and the employee customarily and regularly receives more than $30 a month in tips. If an employee's tips combined with the employer's direct wages of at least $2.13 an hour do not equal the federal minimum hourly wage, the employer must make up the difference.
******dol.gov/elaws/faq/esa/flsa/002.htm
此文的作者也没搞明白州法与联邦法的关系.
雇员应得到的是州法,联邦法规定二者的最大值:
"When an employee is subject to both the federal and state wage laws, the employee is entitled to the provisions of each law which provide the greater benefits."