fair labor standards actThe Fair Labor Standards Act (FLSA) required an increase of the federal minimum wage to $7.25 an hour beginning in the summer of 2010. The Fair Labor Standards Act applies to any individual employed by an “employer” but not to independent contractors or volunteers because they are not considered “employees” under the FLSA.

Federal Government Labor Law prescribes minimum wage and overtime pay standards as well as recordkeeping and child labor standards for most private and public employment, including work conducted in the home. The Wage and Hour Division of the Employment Standards Administration (ESA) administers this Federal Government Labor Law.

The minimum wage and overtime provisions of the FLSA allow employers may to pay employees on a piece-rate basis and, under some circumstances, may consider tips as part of wages.

Youths under 20 years of age may be paid at a lower minimum wage during the first 90 consecutive calendar days of employment with an employer. Employers may not displace any employee to hire someone at the youth minimum wage.

Although the Act does not place a limit on the total hours which may be worked by an employee who is at least 16 years old, it does require that covered employees, unless otherwise exempt, be paid not less than one and one half times their regular rates of pay for all hours worked in excess of 40 in a workweek.

The Family and Medical Leave Act (FMLA) requires employers of 50 or more employees (and all public agencies) to provide up to 12 weeks of unpaid, job protected leave to eligible employees for the birth and care of a child, for placement with the employee of a child for adoption or foster care, or for the serious illness of the employee or an immediate family member. ESA’s Wage and Hour Division administers this Act.

Veterans’ reemployment rights are protected for National Guard and Reserve members who are called to active duty. The Uniformed Services Employment and Reemployment Rights Act (USERRA) addresses the rights and responsibilities of individuals and their employers, and the Veterans’ Employment and Training Service (VETS) administers this Act.

The Worker Adjustment and Retraining Notification Act (WARN) provides for early warning to employees of proposed layoffs or plant closings. The Employment and Training Administration (ETA) can provide information on WARN, but since it does not have administrative or enforcement authority under WARN, it cannot provide specific advice or guidance with respect to individual situations.

The Employee Polygraph Protection Act (EPPA) prohibits most uses of lie detectors by employers on their employees and job applicants. ESA’s Wage and Hour Division administers this Act.

The Labor Management Reporting and Disclosure Act (LMRDA) (also known as the Landrum Griffin Act) addresses the relationship between a union and its members. It ensures certain basic standards of democracy and fiscal responsibility in labor organizations. ESA’s Office of Labor Management Standards (OLMS) administers this Act.

Fines of up to $11,000 per violation may be assessed against employers who violate the child labor provisions of the law and up to $1,100 per violation against employers who willfully or repeatedly violate the minimum wage or overtime pay provisions. This law prohibits discriminating against or discharging workers who file a complaint or participate in any proceedings under the Act.

Certain full-time students, student learners, apprentices, and workers with disabilities may be paid less than the minimum wage under special certificates issued by the Department of Labor.

Employers of “tipped employees” must pay a cash wage of minimun specified amount per hour if they claim a tip credit against their minimum wage obligation. If an employee’s tips combined with the employer’s cash wage of the minimum specified amount per hour do not equal the minimum hourly wage, the employer must make up the difference. Certain other conditions must also be met.

An employee must be paid 1½ times his regular rate of pay for all hours worked over 40 in a workweek.

An employee must be at least 16 years old to work in most non-farm jobs and at least 18 to work in non-farm jobs declared hazardous by the Secretary of Labor.

Youths 14 and 15 years old may work outside school hours in various non-manufacturing, non-mining, non-hazardous jobs under the following conditions:

  • No more than 3 hours on a school day or 18 hours in a school week
  • 8 hours on a non-school day or 40 hours in a non-school week
  • Work may not begin before 7 a.m. or end after 7 p.m., except from June 1 through Labor Day, when evening hours are extended to 9 p.m.
  • Different rules apply in agricultural employment

The Department of Labor may recover back wages, either administratively or through court action, for the employees that have been underpaid in violation of the law. Violations may result in civil or criminal action under the fair labor standards act.

Back to the top of Fair Labor Standards Act.