The FLSA does not require overtime pay for work on weekends, holidays, or regular days of rest, unless overtime is worked on such days. 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.
The Overtime Security Advisor helps determine which employees are exempt from the FLSA minimum wage and overtime pay requirements under the Part overtime regulations. The Overtime Calculator Advisor computes the amount of overtime pay due in a sample pay period based on information from the user. Federal government websites often end in. The site is secure. For best printout, see the PDF version. Revised September The Fair Labor Standards Act FLSA establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments.
Congress for covered employees of the Legislative Branch. Special rules apply to State and local government employment involving fire protection and law enforcement activities, volunteer services, and compensatory time off instead of cash overtime pay. Nonexempt workers must be paid overtime pay at a rate of not less than one and one-half times their regular rates of pay after 40 hours of work in a workweek.
Wages required by the FLSA are due on the regular payday for the pay period covered. Deductions made from wages for such items as cash or merchandise shortages, employer-required uniforms, and tools of the trade, are not legal to the extent that they reduce the wages of employees below the minimum rate required by the FLSA or reduce the amount of overtime pay due under the FLSA.
The FLSA contains some exemptions from these basic standards. Some apply to specific types of businesses; others apply to specific kinds of work. While the FLSA does set basic minimum wage and overtime pay standards and regulates the employment of minors, there are a number of employment practices which the FLSA does not regulate. However, some States do have laws under which such claims sometimes including fringe benefits may be filed.
Also, the FLSA does not limit the number of hours in a day or days in a week an employee may be required or scheduled to work, including overtime hours, if the employee is at least 16 years old. The above matters are for agreement between the employer and the employees or their authorized representatives.
All employees of certain enterprises having workers engaged in interstate commerce, producing goods for interstate commerce, or handling, selling, or otherwise working on goods or materials that have been moved in or produced for such commerce by any person, are covered by the FLSA. A covered enterprise is the related activities performed through unified operation or common control by any person or persons for a common business purpose and —. Employees of firms which are not covered enterprises under the FLSA still may be subject to its minimum wage, overtime pay, recordkeeping, and child labor provisions if they are individually engaged in interstate commerce or in the production of goods for interstate commerce, or in any closely-related process or occupation directly essential to such production.
Such employees include those who: work in communications or transportation; regularly use the mails, telephones, or telegraph for interstate communication, or keep records of interstate transactions; handle, ship, or receive goods moving in interstate commerce; regularly cross State lines in the course of employment; or work for independent employers who contract to do clerical, custodial, maintenance, or other work for firms engaged in interstate commerce or in the production of goods for interstate commerce.
Domestic service workers such as day workers, housekeepers, chauffeurs, cooks, or full-time babysitters are covered if:. The employer who elects to use the tip credit provision must inform the employee in advance and must be able to show that the employee receives at least the applicable minimum wage see above when direct wages and the tip credit allowance are combined.
In addition, the amendments provided an exemption from the overtime and minimum wage requirements of the FLSA for volunteers under specified circumstances; authorized special detail work by public safety employees without overtime costs for the county; and defined limited circumstances under which government employees can do part-time work for the county in their off-duty hours without the county incurring overtime costs for the additional hours.
The U. The regulations contain detailed explanations of how the various provisions of the FLSA are applied, and often include examples to aid in interpreting the law.
Copies of these regulations, as well as other useful publications, are available from the local DOL offices located across the state. Anyone under the age of 18 is considered a child. States frequently regulate the employment of minors, and the requirements vary from state to state. You may be trying to access this site from a secured browser on the server. Please enable scripts and reload this page. Reuse Permissions. Page Content. It covers public agencies and businesses engaged in interstate commerce or providing goods and services for commerce.
The FLSA provides guidelines on employment status, child labor, minimum wage, overtime pay, and record-keeping requirements. It determines which employees are exempt from the Act not covered by it and which are non-exempt covered by the Act. It establishes wage and time requirements when minors can work. It sets the minimum wage that must be paid, and mandates when overtime must be paid.
The Minimum Wage The minimum wage is subject to review by the Federal government and may be changed from time to time. Overtime Employees covered by the Fair Labor Standards Act must be paid at least one and one half times their regular rate for all hours worked in excess of 40 in a week seven consecutive days.
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