The Fair Labor Standards Act (FLSA) is a cornerstone of U.S. labor law, establishing essential standards for wages, hours, and working conditions. Enacted in 1938, the FLSA ensures that workers are fairly compensated and treated with respect. Here’s a comprehensive guide on what employees need to know about FLSA laws.
Minimum Wage
The FLSA sets the federal minimum wage, which is the lowest amount employers can legally pay their employees. As of 2024, the federal minimum wage is $7.25 per hour. However, many states and localities have established higher minimum wages. Employers are required to pay the higher state or local wage if it exceeds the federal rate. Employees should verify their local minimum wage rates to ensure they are receiving appropriate compensation.
Overtime Pay
One of the most critical provisions of the FLSA is the requirement for overtime pay. Non-exempt employees are entitled to receive time-and-a-half their regular rate of pay for any hours worked over 40 in a workweek. It’s essential to note that not all employees qualify for overtime. Generally, workers in executive, administrative, or professional roles, as well as certain highly paid employees, may be classified as exempt and therefore ineligible for overtime.
Exempt vs. Non-Exempt Status
Understanding the distinction between exempt and non-exempt status is crucial for employees. Exempt employees typically include those in managerial or supervisory positions, as well as those whose primary duties involve high-level decision-making or specialized skills. Non-exempt employees, on the other hand, are generally entitled to overtime pay. The classification depends on job duties and salary levels, not just job titles. You can learn more about FLSA exemption requirements online.
Recordkeeping
The FLSA requires employers to maintain accurate records of how many hours worked and wages paid. This includes records of time sheets, pay stubs, and other documentation related to employee compensation. Employees should keep their own records of hours worked to ensure they are paid correctly and to resolve any potential disputes over wages.
Child Labor Laws
The FLSA includes specific provisions regarding the employment of minors. These laws restrict the hours and types of work that minors can perform. For instance, children under 14 can only work in limited capacities such as babysitting or delivering newspapers. Those aged 14 and 15 can work limited hours in non-hazardous jobs, while older teenagers have fewer restrictions but still cannot perform hazardous tasks.
Family and Medical Leave
While the FLSA itself does not cover family and medical leave, it works in conjunction with the Family and Medical Leave Act (FMLA). FMLA gives eligible employees with up to 12 weeks of unpaid leave for some family and medical reasons, including the birth of a child or a serious health condition. It’s important for employees to understand their rights under both FLSA and FMLA to navigate workplace leave effectively.
Enforcement and Complaints
If employees believe their rights under the FLSA have been violated, they can file a complaint with the Wage and Hour Division of the U.S. Department of Labor (DOL). The DOL investigates complaints and enforces compliance with the law. Employees are also protected from retaliation by employers for filing complaints or participating in investigations.
Updating Knowledge
Labor laws are subject to change, so employees should stay informed about any updates to the FLSA. Checking resources like the DOL’s website or consulting with a labor attorney can provide the latest information and guidance.
Guest writer.
Editor’s note: Labour legislation differs from country to country so readers are advised to check with legal practitioners in their country for legal advice that is relevant to their circumstances.
