Which of the following may not be regulated by state law?

Which of the following may not be regulated by state law?

• A. How often employees must be paid
• B. What employers must do with unclaimed paychecks
• C. How soon employees must be paid after their employment is terminated
• D. What minimum wage an employee must receive

Answer: (D)

The determination of what minimum wage an employee must receive is typically regulated at the federal level. The federal Fair Labor Standards Act (FLSA) sets the national minimum wage, which states cannot go below. While states can establish a higher minimum wage, they cannot set a lower one than what is federally mandated. Therefore, issues surrounding minimum wage are primarily governed by federal law, making it unlikely for this item to be subject to state regulation in the same way the other choices can be. On the other hand, the frequency of pay, regulations regarding unclaimed paychecks, and the timing for payment after termination vary from state to state. These areas are often dictated by individual state laws, allowing for a diversity of regulations that can impact employees differently depending on their state of employment.

The determination of what minimum wage an employee must receive is typically regulated at the federal level. The federal Fair Labor Standards Act (FLSA) sets the national minimum wage, which states cannot go below. While states can establish a higher minimum wage, they cannot set a lower one than what is federally mandated. Therefore, issues surrounding minimum wage are primarily governed by federal law, making it unlikely for this item to be subject to state regulation in the same way the other choices can be.

On the other hand, the frequency of pay, regulations regarding unclaimed paychecks, and the timing for payment after termination vary from state to state. These areas are often dictated by individual state laws, allowing for a diversity of regulations that can impact employees differently depending on their state of employment.