The Fair Labor Standards Act (FLSA) is a federal labor law enacted in 1938 that establishes minimum wage, overtime pay, child labor, and recordkeeping standards for employees in the private sector and in federal, state, and local governments. It is enforced by the U.S. Department of Labor (DOL) and is a cornerstone of workers’ rights in the United States.
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Key Facts
- Minimum Wage: Sets a federal minimum wage (currently $7.25/hour, though states may mandate higher rates).
- Overtime Pay: Requires 1.5x the regular rate of pay for hours worked over 40 hours per week for non-exempt employees.
- Exempt Versus Non-Exempt Employees: Classifies workers based on job duties and salary level to determine if they are entitled to overtime.
- Child Labor Protections: Regulates the hours and conditions under which minors can work, depending on age and job type.
- Recordkeeping Requirements: Employers must maintain accurate records of employees’ hours, wages, and job classifications.
- Applies to Most Employers: Covers businesses with annual sales of $500,000 or more, or those engaged in interstate commerce.
- Enforced by the Wage and Hour Division (WHD) of the DOL: Employers in violation may face fines, back pay requirements, and legal action.
1. What does the FLSA cover?
It covers minimum wage, overtime pay eligibility, youth labor rules, and recordkeeping for most employees in the U.S.
2. Who is covered by the FLSA?
Most employees in private and public sectors are covered, unless specifically exempt based on duties and pay.
3. What’s the difference between exempt and non-exempt under FLSA?
Non-exempt employees must receive overtime pay, while exempt employees do not, based on their job duties and salary.
4. What are the child labor rules under the FLSA?
Minors under 18 have limits on work hours and are restricted from hazardous jobs to ensure safety and proper education.
5. Can states set different wage rules from the FLSA?
Yes. States may set higher minimum wages or stricter labor standards, but the FLSA sets the federal baseline.
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