What Is the Fair Labor Standards Act (FLSA)?

The Fair Labor Standards Act establishes payment protections for most workers. The FLSA regulates minimum wage, overtime pay, recordkeeping, and youth employment. This article provides an overview of the FLSA, including what damages are available for violations.

Some states have stricter employment laws than federal standards. If you think your employer is breaking the law, contact a local wage and hour lawyer. An attorney can explain the law and give you legal advice.

Overview of the Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) is a federal law that protects U.S. workers from unfair employment practices. It is an extensive payment protection law that governs many aspects of the employer-employee relationship:

• Minimum wage
• Overtime requirements
• Recordkeeping
• Child employment standards

The FLSA doesn’t cover every worker. Certain workers are exempt, including volunteers, independent contractors, and certain small business employees. The U.S. Department of Labor (DOL) Wage and Hour Division (WHD) enforces the FLSA.

The Fair Labor Standards Act and Minimum Wage and Work Time

The FLSA sets the federal minimum wage rate at $7.25 per hour. Most states have their own minimum wage laws that require a higher hourly rate. Some counties and cities also have higher minimum wages than their state laws.

One exception to the FLSA minimum wage is for tipped employees earning at least $30 per month in tips. Employers can pay those workers below the minimum wage but must make up the difference if the employee’s pay, including tips, is less than the minimum wage.

The FLSA does not consider commuting time to and from work to be work time. Short rest periods, typically 15 to 20 minutes long during the workday, are work time. Longer break periods, like lunch breaks, are not work time. But if you have to work during a lunch break, your employer must pay you.

The Fair Labor Standards Act and Overtime Hours

The minimum overtime compensation is one and one-half times the employee’s regular rate for any work that goes past 40 hours in a workweek. The FLSA does not require overtime pay for holidays, weekends, or regular days off unless working those days exceeds 40 hours for the week.

Overtime provisions only apply to non-exempt employees. FLSA exempt employees fall into the following categories:

• Administrative, executive, and professional employees earning at least $684 per week
• Outside sales employees whose primary duty is making sales or obtaining orders and who customarily and regularly work away from the employer’s place of business
• Computer workers like systems analysts, software engineers, and programmers

The Fair Labor Standards Act’s Recordkeeping Requirements

Employers must keep employee records and make them available for inspection. Recordkeeping information includes:

• Employee’s name, sex, Social Security number, and birthday
• Occupation
• When the workweek begins
• Hours worked each day and total hours worked each week
• The regular rate of pay, and if they are paid hourly, per week, or salaried
• Daily or weekly straight-time earnings and overtime earnings
• Additions or subtractions from an employee’s wages
• Total wages paid during each pay period

The Fair Labor Standards Act’s Child Labor Standards

Generally, the FLSA restricts the hours that children under 16 years old can work. It also lists jobs that are too dangerous for minors. Examples of child labor rules include:

• For non-farm jobs, children 16 or 17 years old may not perform a hazardous job but can work any number of hours.
• Children who are 14 or 15 years old may work in non-farm, nonhazardous jobs outside school hours for up to three hours on a school day and 18 hours in a school week. During non-school time, they can work eight hours a day and 40 hours a week.
• The minimum age for most non-farm work is 14 years old, but minors can work certain jobs, such as delivering newspapers.

FLSA Violations and Your Rights

If you suspect that your employer is violating the FLSA, you can file a complaint to the Wage and Hour Division. Your boss cannot retaliate against you for filing a complaint. Examples of common violations include:

• Misclassifying workers with exempt status when they are non-exempt
• Incorrectly calculating overtime
• Travel time violations
• Not paying for work outside of regular work hours
• Having you start work before you clock in

Under the FLSA, you can recover back pay for minimum wage and overtime violations. The FLSA provides for liquidated damages to double the amount of unpaid compensation.

You have two years to file a complaint. The government can use settlement negotiations, lawsuits, or criminal prosecutions against employers to recover wages. You can also file a private lawsuit. To find out about your best legal options, talk to an employment lawyer.

What the FLSA Doesn’t Cover

There are many more legal aspects to the employer-employee relationship. The FLSA mostly applies to compensation, wage requirements, and child labor. The FLSA does not regulate:

• Hours in a workday or workweek for employees over the age of 16
• Break times
• Changing work hours
• Notice for layoffs
• Defining part-time and full-time
• Raises

Other state or federal labor laws can regulate sick time, equal pay, and health insurance. Talk to an employment lawyer about your local government labor protections.

Get Help From an Employment Law Attorney

If you think your boss isn’t paying you fairly, contact an employment law attorney today. An employment law attorney can explain the FLSA and advise you about your situation. This may include filing a lawsuit or filing a complaint with the government. Some labor law claims require your employer to pay your attorney fees if you win. Contact a wage and hour law attorney for help with your labor protections.