What is the Fair Labor Standards Act?
The Federal Labor Standards Act (FLSA) sets the criteria to determine which employees are entitled to overtime, minimum wage and child labor protection. Currently, workers covered by the FLSA are entitled to the minimum wage of $5.15 per hour. In addition, unless an employee is exempt from FLSA's overtime provisions, he or she must be paid one-and-a-half times his or her regular hourly rate for any hour exceeding the 40 hour workweek. Child labor regulations restrict the number of hours children under 16 work and provides a list of occupations deemed too hazardous for them to perform.
What is Required under the Fair Labor Standards Act?
The Fair Labor Standards Act requires that an employer: - Pay employees a minimum wage
- Pay overtime pay for time worked over 40 hours in a work week
- Adhere to child labor provisions; and
- Maintain records of hours, wages and other wage items ordinarily kept in a business practice
What Does the Fair Labor Standards Act Not Require?
Employers typically engage in a lot of business practices that the FLSA does not require them to do. These include: - Payment for employees who take vacation, sick-leave or holidays
- Compensation for meals and/or rest
- Premium payment for employees who work weekends or holidays
- Giving pay increase or fringe benefits
- Giving a discharge notice or reason for discharge
- Printing and mailing of pay stubs or W-2s
Who is Not Covered under the Fair Labor Standards Act?
The Fair Labor Standards Act also contains some exemptions from these basic requirements depending on the type of business or work that the employer and employees engage in. Many times the overtime provision and possibly the minimum wage provision will not apply. Some common occupations and employees not covered under all or parts of the FLSA are: - Commissioned sales employees of retail or service establishments
- Seasonal and recreational establishments
- Computer professionals who earn at least $27.60 per hour
- Salesmen, partsmen and mechanics of car dealerships
- Drivers, driver's helpers, loaders and mechanics
- Farm workers
- White collar professionals
Do I Need an Experienced Attorney for my Fair Labor Standards Act Issue?
An attorney can help you determine whether you are an employee entitled to overtime pay or a minimum wage under the Fair Labor Standards Act. An attorney can also assist you with a claim if you believe your employer has not paid you the minimum wage, for hours worked above 40 in one week, and for any dispute regarding pay. If you are an employer, a lawyer will make sure you are in compliance with State and Federal Employment Laws. |
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