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What if I have to pay minimum wage or not? Discrimination by gender

By Elsie Y. Galarza Jiménez

Often small and medium businesses ask this question, do I have or not I have to pay federal minimum wage to my employees? The minimum wage is a matter of great importance if we consider that those employers that do not comply with the law can be fined. Not knowing the law does not exempt them from complying. This lack of information adds unnecessary risk to our operations and also can affect our image and credibility with our employees, customers and suppliers.

There are several federal and state laws governing the payment of wages in Puerto Rico. In all, the most questions because the business is the federal law known as the Fair Labor Standard Act (FLSA, for its acronym in English). The FLSA establishes several important issues including payment of minimum wage and the definition and distinction between what they are exempt employees and nonexempt employees (see also locally Regulation 13 and Act No. 180 of July 27, 1998).

begin by discussing the minimum wage. How if I'm an employer is obliged to pay a minimum wage?

You will be responsible for an employer to pay if:

• If the employer has two or more employees engaged in commerce or in the production of goods for commerce.

• If the employer has employees handling, selling or otherwise working on goods or materials that have been moved in or produced for commerce by any person.

• If the employer has an annual gross volume sales or business done of not less than $ 500.000.

is important to know that you are an employer covered by this Act to fulfill at least one (1) of these features. They are also considered as they are involved in interstate commerce employers who operate:

· Hospitals
· Institutions mainly involved in the care of: health, the elderly, the mentally ill
· Schools for mentally or physically disabled children
· Schools with special gifts
· Schools preschool to secondary, higher education, public or private, nonprofit or

The FLSA also provides for certain jobs and industries that are exempt from this law. For details regarding your industry consult your employment attorney, HR consultant and Act No. 180 of July 27 1998 and the provisions of the Secretary of Labor.
Effective July 24, 2009, the federal minimum wage for employees covered, nonexempt increase to $ 7.25 per hour. Any employer with employees subject to the provisions of the FLSA minimum wage must post and keep posted, a notice explaining the Act in a conspicuous place in all establishments so that employees can read it. [i]

[i] The author has more than 9 years of experience in human resources. He is a member of the faculty of business administration at several universities in Puerto Rico and offers courses for graduate and undergraduate level. Holds a Bachelor and Master in Management in Business Administration both from the Polytechnic University of Puerto Rico. He is also currently doctoral studies leading to a DBA in Management from the University of Turabo and is an independent consultant and Human Resource Management. He serves also as an independent consultant for small and medium businesses. Supreme