Which is a buisnesses that makes less than 500,000. But those buisnesses also cannot engage in Interstate Commerce per federal law. In the modern world it is nearly impossible to have a buisness making any amount money that does not engage in some form of Interstate Commerce. So functionally that exemption is meaningless.
I am well aware of what that means. I think that you are not. Check out what the DoL has to say about businesses and individuals not covered by FLSA: there are plenty of businesses that do not meet the standards but have employees that do, for example.
You are really reaching when you insist – incorrectly – that Montana’s exception has no real world meaning. I assure you that exception was very specifically placed in the law for a real world business’ benefit, and that that business had pull in the state capitol or it would not have been added, just as the FLSA itself provides for those exceptions to be made by the states.
If you can’t be bothered to educate yourself on what “interstate commerce” means in the federal legal sense, that’s fine by me because I’ve provided links for all of my assertions, unlike you: people can read them for themselves.
The FLSA has carve outs for various kinds of employees, and while minors are covered, they are not covered as adults are:
The 1996 Amendments to the FLSA allow employers to pay a youth minimum wage of not less than $4.25 an hour to employees who are under 20 years of age during the first 90 consecutive calendar days after initial employment. The law contains certain protections for employees that prohibit employers from displacing any employee in order to hire someone at the youth minimum wage. – from the DoL page linked below
In addition, only a handful of states actually ban subminimum pay for minors, requiring by law full minimum wage. You wrote,
An individual state law cannot supersede federal law.
That is where you are flat out wrong. When it comes to minors and other special categories of workers, they can and do.
State law prevails: If state law is more restrictive than federal (higher youth wage or no youth wage), you must follow state law.
Again, that’s why I linked the table. It’s a complex maze of laws and conditions. And I didn’t miss this. You wrote,
You did skip a few types of employees that are actually exempt like movie theater employees.
That’s because I did not expect someone to fight so hard, with such incorrect and easily disproved assumptions, in defense of such a shitty principle: not paying servers a living wage.
You are really reaching when you insist – incorrectly
Honestly nothing you said made any sense there. You expect me to believe buisnesses lobbied the state of Montana to make a law that is more strict than the federal law? Kind of a silly assumption.
If you can’t be bothered to educate yourself on what “interstate commerce” means in the federal legal sense, that’s fine by me because I’ve provided links for all of my assertions, unlike you: people can read them for themselves.
You can just admit you have no idea what interstate commerce is. The DoL defines that too, dig through your own sources a touch more.
I will concede I was mistaken on youth minimum wage. You got 1 out of 4 groups you identified correct. And before you bring up “students” that applies to students enrolled in a vocational program. Not someone that is a student working at another place of buisness. The other 2 you mentioned are not even mentioned by your own sources again.
But then you said
That is where you are flat out wrong. When it comes to minors and other special categories of workers, they can and do.
State law cannot supersede federal law. The federal law specifies that youths may be paid 4.25 and hour. I was mistaken there, but that has no impact on the Supremecy Clause of the constitution. A state cannot decide to set the wage for those employees lower than provided by federal law, which was the whole point anyway. I never should have allowed myself to get so far drawn off topic, but here we are.
in defense of such a shitty principle: not paying servers a living wage.
That’s complete fantasy and not something I said nor implied.
You wrote,
I am well aware of what that means. I think that you are not. Check out what the DoL has to say about businesses and individuals not covered by FLSA: there are plenty of businesses that do not meet the standards but have employees that do, for example.
You are really reaching when you insist – incorrectly – that Montana’s exception has no real world meaning. I assure you that exception was very specifically placed in the law for a real world business’ benefit, and that that business had pull in the state capitol or it would not have been added, just as the FLSA itself provides for those exceptions to be made by the states.
If you can’t be bothered to educate yourself on what “interstate commerce” means in the federal legal sense, that’s fine by me because I’ve provided links for all of my assertions, unlike you: people can read them for themselves.
The FLSA has carve outs for various kinds of employees, and while minors are covered, they are not covered as adults are:
In addition, only a handful of states actually ban subminimum pay for minors, requiring by law full minimum wage. You wrote,
That is where you are flat out wrong. When it comes to minors and other special categories of workers, they can and do.
Here’s the DoL page on that, you should read it:
Fact Sheet #32: Youth Minimum Wage - Fair Labor Standards Act
Here’s another page that lays out what that means for tipped minors. Quoting from further down in the page:
Again, that’s why I linked the table. It’s a complex maze of laws and conditions. And I didn’t miss this. You wrote,
That’s because I did not expect someone to fight so hard, with such incorrect and easily disproved assumptions, in defense of such a shitty principle: not paying servers a living wage.
Honestly nothing you said made any sense there. You expect me to believe buisnesses lobbied the state of Montana to make a law that is more strict than the federal law? Kind of a silly assumption.
You can just admit you have no idea what interstate commerce is. The DoL defines that too, dig through your own sources a touch more.
I will concede I was mistaken on youth minimum wage. You got 1 out of 4 groups you identified correct. And before you bring up “students” that applies to students enrolled in a vocational program. Not someone that is a student working at another place of buisness. The other 2 you mentioned are not even mentioned by your own sources again.
But then you said
State law cannot supersede federal law. The federal law specifies that youths may be paid 4.25 and hour. I was mistaken there, but that has no impact on the Supremecy Clause of the constitution. A state cannot decide to set the wage for those employees lower than provided by federal law, which was the whole point anyway. I never should have allowed myself to get so far drawn off topic, but here we are.
That’s complete fantasy and not something I said nor implied.