The Fair Labor Standards Act (FLSA) is a federal law that sets standards for minimum wage, overtime pay, child labor, and record-keeping in the workplace. It was enacted in 1938 and has been amended several times since then to reflect changes in the economy and the workforce.
Employers are required to comply with the FLSA, which is enforced by the Wage and Hour Division of the U.S. Department of Labor. Violations of the FLSA can result in legal action against them, including lawsuits and fines.
Minimum Wage
The FLSA sets the federal minimum wage at $7.25 per hour, although some states and municipalities have higher minimum wages. Employers must pay their employees at least the minimum wage, unless an exemption applies.
Exemptions
Certain types of employees are exempt from the minimum wage and overtime requirements of the FLSA. These include:
- Executive, administrative, and professional employees who meet certain criteria
- Outside salespeople
- Some computer professionals
- Some seasonal and recreational employees
- Certain agricultural workers
- Some domestic workers
Employers should be aware that the exemptions are narrowly defined and must be applied correctly. Summit Law can help them determine whether their employees are exempt from the FLSA’s minimum wage and overtime requirements.
Overtime Pay
The FLSA requires employers to pay their staff overtime pay of at least one and a half times their regular rate of pay for any hours worked over 40 in a workweek. Again, certain exemptions apply.
Record-Keeping
Employers must keep accurate records of their employees’ hours worked and pay received. The FLSA requires them to keep records of:
- Employee’s full name and Social Security number
- Address, including zip code
- Birth date, if younger than 19
- Sex and occupation
- Time and day of week when an employee’s work week begins
- Hours worked each day
- Total hours worked each workweek
- Basis on which employee’s wages are paid (e.g., “$9 per hour”, “$440 a week”)
- Regular hourly pay rate
- Total daily or weekly straight-time earnings
- Total overtime earnings for the workweek
- All additions to or deductions from the employee’s wages
- Total wages paid each pay period
- Date of payment and the pay period covered by the payment
Child Labor
The FLSA also sets rules for child labor, including the hours and types of work that minors may perform. For example, children under 14 may not work in most occupations, except for limited exceptions such as certain types of agricultural work.
Children aged 14 and 15 may work outside of school hours in certain non-hazardous jobs, but their work hours are limited. Children aged 16 and 17 may work in most jobs, but their work hours are also limited.
Employers must comply with the child labor provisions of the FLSA to avoid legal penalties. Summit Law can help them understand and comply with the child labor provisions of the FLSA.
Enforcement
The Wage and Hour Division of the U.S. Department of Labor enforces the FLSA. Employers who violate the FLSA may be subject to legal action, including lawsuits and fines.
In addition, employees may file complaints with the Wage and Hour Division if they believe their personnel are not complying with the FLSA. The Wage and Hour Division may investigate these complaints and take legal action against ones who violate the law.
Summary
In conclusion, the Fair Labor Standards Act sets important standards for minimum wage, overtime pay, child labor, and record-keeping in the workplace. Employers must comply with the FLSA or face legal action and fines. By staying up-to-date on changes to labor laws, employers can protect their businesses and their employees.
