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FLSA Overview

The Fair Labor Standards Act (FLSA) establishes key provisions such as a federal minimum wage of $7.25/hour, overtime pay requirements, and child labor standards. It mandates recordkeeping for employers and outlines common violations, including misclassification and inadequate recordkeeping. Enforced by the Department of Labor, the FLSA has evolved since its enactment in 1938 to improve worker protections and wage standards.

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FLSA Overview

The Fair Labor Standards Act (FLSA) establishes key provisions such as a federal minimum wage of $7.25/hour, overtime pay requirements, and child labor standards. It mandates recordkeeping for employers and outlines common violations, including misclassification and inadequate recordkeeping. Enforced by the Department of Labor, the FLSA has evolved since its enactment in 1938 to improve worker protections and wage standards.

Uploaded by

jamlessmochimin95
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Fair Labor Standards Act (FLSA) - Detailed Overview

Key Provisions of the FLSA

1. Minimum Wage

- Federal minimum wage is $7.25/hour (as of 2025).

- States may set higher wages.

- Tipped employees can earn $2.13/hour plus tips.

2. Overtime Pay

- 1.5x regular pay for hours over 40/week.

- Some employees are exempt.

3. Exempt vs. Non-Exempt

- Non-exempt: eligible for overtime.

- Exempt: must meet salary, income, and duties tests.

4. Child Labor Standards

- Under 14: limited jobs.

- 14-15: limited hours and jobs.

- 16-17: non-hazardous jobs.

- 18+: no restrictions.

5. Recordkeeping

- Employers must track hours, wages, employee details for 3+ years.

6. Breaks
Fair Labor Standards Act (FLSA) - Detailed Overview

- Not required, but if provided, short breaks (<20 mins) are paid. Meal breaks (30+ mins) can be unpaid.

Coverage and Jurisdiction

- Enterprise coverage: $500,000+ in sales or interstate commerce.

- Individual coverage: if employee is involved in interstate commerce.

Common FLSA Violations

- Misclassification of employees

- Not paying correct overtime

- Off-the-clock work

- Inadequate recordkeeping

Historical Context

- Enacted in 1938 as part of FDR's New Deal.

- Amended multiple times to raise wages and broaden coverage.

Enforcement and Penalties

- Enforced by Department of Labor's Wage and Hour Division.

- Penalties: back wages, civil fines, double damages, possible prosecution.

Application Examples

Example 1: Waitress earning $2.13/hour but gets at least $7.25/hour with tips - Covered.

Example 2: Manager earning $1,000/week and managing staff - Exempt.

Example 3: 15-year-old working 25 hours in a school week - Violation.


Fair Labor Standards Act (FLSA) - Detailed Overview

Example 4: Factory worker doing 45 hours/week at $10/hour - Gets overtime.

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