the minimum wage which would be applicable to the employee under the Fair Labor Standards Act of 1938 [
29 U.S.C. 201 et seq.], if section 6(a)(1) of such Act [
29 U.S.C. 206(a)(1)] applied to the resident and if he or she were not exempt under section 13 [
29 U.S.C. 213] thereof;