Fair Labor Standards Act (FLSA)
Federal law establishing wage and hour standards for most public and private employers. The FLSA's basic requirements include:
Minimum wage ( www.practicallaw.com/9-506-9527) for each hour worked by nonexempt employees ( www.practicallaw.com/0-501-9886) (currently $7.25 per hour).
Overtime pay ( www.practicallaw.com/2-507-1821) at a rate of 1.5 times the employee's regular rate ( www.practicallaw.com/2-616-2245) for all hours worked by nonexempt employees over 40 in any workweek.
Special rules for tipped employees.
Payment of wages on regular paydays and restrictions on wage deductions.
Break time requirements for nursing mothers.
Special rules for child labor.
Special rules for state and local government employment involving:
fire protection and law enforcement activities;
volunteer services; and
compensatory time off in lieu of overtime pay.
The FLSA provides exemptions ( www.practicallaw.com/2-501-9885) from these basic standards for specific types of businesses and kinds of work, including for:
Some motor carriers.
The FLSA does not govern or require:
Vacation, holiday, severance, or sick pay.
Meal or rest periods.
Premium pay for weekend or holiday work.
Pay raises or fringe benefits.
Discharge notices, reasons for discharge, or immediate payment of final wages to terminated employees.
The FLSA applies only to employment relationships and "employee" is interpreted broadly under the statute. Non-employee relationships include:
The Wage and Hour Division (WHD) of the Department of Labor ( www.practicallaw.com/2-501-6354) (DOL) is responsible for the administration and enforcement of the FLSA.
For more information, see Practice Note, Wage and Hour Law: Overview ( www.practicallaw.com/2-506-0530) .
State and local law may impose additional or different wage and hour standards, including requirements not found in the FLSA such as premium pay for weekend or holiday work and immediate payment of final wages upon termination. For more information, see Wage and Hour Laws: State Q&A Tool ( www.practicallaw.com/3-505-9593) .