The Fair Labor Standards Act (FLSA) sets standards for minimum wage, overtime pay, recordkeeping, and youth employment. Passed in 1938, it was enacted to establish fair labor standards for workers across the United States. President Franklin D. Roosevelt passed the FLSA on June 25, 1938. It was a landmark law—banning child labor and setting a minimum wage of 25 cents an hour, with a maximum workweek of 44 hours. At the time, this law was considered revolutionary.
- Minimum wage: As of July 2009, the federal minimum wage is $7.25 per hour. This amount may differ per state. If the state minimum wage is higher, then an employee is entitled to the higher amount.
- Overtime: Eligible employees (“exempt” employees include executive, professional, and administrative) must receive overtime pay for hours exceeding 40 per workweek, at one and one-half or more times the regular rate of pay. If an employee is 16 years or older, there’s no limit on the amount of hours he or she may work in any workweek. The FLSA doesn’t require overtime pay for weekend or holiday work, unless overtime is worked that day.
- Recordkeeping: Employers must display an official poster outlining the requirements of the FLSA. Employers must also maintain employee pay and time records.
- Child labor: Child labor laws protect the physical and educational well-being of minors and prevent them from working any jobs that would be a detriment to either.
Many employers, either mistakenly or deliberately, classify employees as “exempt” when they are neither “executive,” “professional,” nor “administrative” employees to avoid paying them for overtime, or find other ways to avoid paying overtime. If you believe your FLSA rights are being violated, contact Deutsch Atkins & Kleinfeldt, P.C. today.
Neil H. Deutsch On G+