Fair Labor Standards Act

About

The Fair Labor Standards Act (FLSA) was passed in 1938 to ensure that employers who fall within its reach abide by a number of different “fair labor standards.” Accordingly, FLSA establishes key employment standards in a number of areas including minimum wage, overtime pay, record-keeping, and employing younger workers.

The FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. Covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009. Overtime pay at a rate not less than one and one-half times the regular rate of pay is required after 40 hours of work in a workweek.

• FLSA Minimum Wage: The federal minimum wage is $7.25 per hour effective July 24, 2009. Many states also have minimum wage laws. In cases where an employee is subject to both state and federal minimum wage laws, the employee is entitled to the higher minimum wage.
• FLSA Overtime: Covered nonexempt employees must receive overtime pay for hours worked over 40 per workweek (any fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods) at a rate not less than one and one-half times the regular rate of pay. There is no limit on the number of hours employees 16 years or older may work in any workweek. The FLSA does not require overtime pay for work on weekends, holidays, or regular days of rest, unless overtime is worked on such days.
• Hours Worked: Hours worked ordinarily include all the time during which an employee is required to be on the employer’s premises, on duty, or at a prescribed workplace.
• Recordkeeping: Employers must display an official poster outlining the requirements of the FLSA. Employers must also keep employee time and pay records.
• Child Labor: These provisions are designed to protect the educational opportunities of minors and prohibit their employment in jobs and under conditions detrimental to their health or well-being.

Recordkeeping

Records must be kept of all wages paid to you and of all hours that you worked, regardless of where the work is performed. You should also keep your employer’s name, address, phone number and the hours you worked.

Employers must pay employees for all the time worked in a workday. “Workday,” in general, means all of the hours between the time an employee begins work and ends work on a particular day. Sometimes the workday extends beyond a worker’s scheduled shift or normal hours, and when this happens the employer is responsible for paying for that extra time. Worktime generally includes:

• Waiting for repairs to equipment necessary for work.
• Time spent traveling between worksites during the workday.
• Time spent before a shift, preparing for the job.
• Time spent after the shift, completing unfinished work.
• Waiting for materials to arrive during the workday.
• Breaks less than 20 minutes long.

Links

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Video

"Know Your Rights" - Department of Labor Wage & Hour Division