Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) requires the increase of the federal minimum wage in an incremental plan, culminating in a minimum wage of $7.25 an hour by the summer of 2010.

The FLSA applies to any individual employed by an “employer” but not to independent contractors or volunteers because they are not considered “employees” under the FLSA.

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.

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