Fair Labor Standards Act

The Fair Labor Standards Act "FLSA" was enacted in 1938 and provides employees with minimum wages and overtime pay.  The Fair Labor Standards also contains provisions dealing with child labor.  The Fair Labor Standards does not require holiday pay, severance pay, vacation pay, or sick leave pay.  The following is a basic and brief summary of some FLSA protections provided to employees and is not intended a comprehensive summary or as legal advice. 

1. Does the FLSA Apply to You?
2. What Protections Does the FLSA Provide?
3. How is the FLSA enforced?

1. Does the FLSA Apply to You?
   1. FLSA does not apply to independent contracts, the FLSA only applies to employees (i.e. do you work for yourself or do you work for the employer).
   2. FLSA applies to businesses that make more than $500,000 in one year and; are a business that is engaged in commerce, a business that produces goods for interstate commerce, a business that handles, sells, or works on goods that were in interstate commerce.  Most business will be covered.
   3. The FLSA overtime and minimum wage provisions do not apply to the following employees:
      1. White-Collar Employees who met the following requirements:
         1. Employee is paid on a salary basis (generally this means no deductions for absences that are less than a whole day);
         2. Employee is an executive employee, administrative employee, or professional employee;
         3. Employee's primary duty must consist of executive, administration, or professional work.
      2. Employees who work at a recreational or seasonal amusement parks;
      3. Seaman employed on foreign vessels;
      4. Employees who work for fishing operations;
      5. Some employees engaged in newspaper delivery;
      6. Employees who work as casual babysitters;
      7. Federal Criminal Investigators
   4. The FLSA overtime provisions do not apply to the following employees:
      1.  Employees who work at a recreational or amusement park that is located in a national park or national forest.  
      2.  Employees who work for a motion picture theater;
      3.  Taxicab drivers;
      4.  Local delivery truck drivers;
      5.  Employees who fall under the motor carrier act (this includes most  truck drivers)
      6.  Seaman;
      7.  Railroad employees; and
      8.  Air Transportation employees.

       

2. What Protections Does the FLSA Provide?
   1. Minimum Wage Protections
      1. The FLSA requires covered employers to pay covered employees a minimum wage, currently the minimum wage is $5.15.
      2. Employees under 20 must be paid at least $4.25 during the first 90 days of employment.
      3. In certain circumstances, vocational educations students, full-time students can be paid less than the minimum wage.
   2.  Overtime Wage Protections
      1. Covered employees must be paid time and one-half their "regular rate" for any hours worked over forty (40) in one week.
      2. Covered employees who are paid a salary for a specific number of hours of work over forty (40) hours per week, are only compensated at half-time.  The FLSA views the salary as payment for straight-time for those hours over forty (40) hours per week. 
      3. Covered employees who are paid a salary for a variable number of hours per week, are only compensated at half-time for the hours worked over forty (40) hours in one week.  The FLSA views the salary as payment for straight-time for those hours worked over forty (40) hours per week.  
      4. The FLSA does not outlaw different types of payment schemes, the FLSA only requires that an employee be paid one and one-half times his or her regular rate.  However, the FLSA does prohibit two different rates of pay for the same type of work or any other pay schemes that are in conflict with the statutory requirements.  
   3. Anti-Retaliation Protections
      1. The FLSA makes it unlawful for any person to discharge or in any other manner discriminate against any employee because the employee filed a complaint or instituted a proceeding under the FLSA.    

       

3. How is the FLSA enforced?
   1. Overtime and Minimum Wage Protections
      1. Who can bring an action to enforce the overtime or minimum wage protections?
         1. Individual employees can bring a private action in Court to enforce the overtime and minimum wage protections.
         2. The Department of Labor has enforcement power and can bring an action in court against employers who are not paying overtime or minimum wages. 
      2. What remedies are available when an action is brought to enforce the overtime or minimum wage protections?
         1. Prevailing employee is entitled to back pay owed to them as a result of an employers failure to pay overtime or minimum wage;
         2. Prevailing employee is entitled to liquidated damages, which is an amount equal to back pay;
         3. Prevailing employee is entitled to attorney fees.   
   2.  Anti-Retaliation Protections
      1. Who can bring an action to enforce the anti-retaliation protections?
         1. Individual employees can bring a private action in Court to enforce the anti-retaliation protections.
         2. The Department of Labor has enforcement power and can bring a court action to enforce the anti-retaliation protections. 
      2.  What remedies are available when an action is brought to enforce the anti-retaliation protections?
         1. Prevailing employee is entitled reinstatement and back pay owed to them as a result of an employers retaliation;
         2. Prevailing employee is entitled to liquidated damages, which is an amount equal to back pay;
         3. Prevailing employee is entitled to attorney fees;
         4. Prevailing employee could be entitled to front pay, compensatory damages and punitive damages. 

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