What Employees Need To Know About The Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) is a cornerstone of employment law in the United States, setting forth fundamental protections and guidelines aimed at ensuring fair treatment and compensation for workers. Enacted in 1938 during the Great Depression era, the FLSA has since undergone amendments but retains its core principles. For employees navigating the complexities of workplace rights and responsibilities, understanding the FLSA is crucial.

Enforcement and Remedies

The Wage and Hour Division (WHD) of the U.S. Department of Labor is responsible for enforcing the provisions of the FLSA. Employees who think that their rights under the FLSA have been violated have the right to file a complaint with the WHD or pursue legal action against their employer. Find out more about proving willful violations under the FLSA here. Remedies for FLSA violations may include back pay, damages, and, in some cases, penalties against the employer.

Minimum Wage Requirements

One of the primary provisions of the FLSA is its establishment of a federal minimum wage. As of 2024, the federal minimum wage stands at $7.25 per hour. However, some states and localities have set their own minimum wage rates, which can sometimes be higher than the federal standard. Employees should be aware of both federal and applicable state minimum wage laws, ensuring they receive at least the mandated minimum for hours worked.

Overtime Pay

The FLSA dictates that non-exempt employees should get overtime pay for hours worked beyond 40 in a workweek. Overtime pay must be at least one and a half times the regular rate of pay. Certain categories of employees, such as those classified as executive, administrative, or professional under FLSA regulations, may be exempt from overtime pay requirements if they hit specific criteria that are related to their job duties and salary levels.

Child Labor Protections

The FLSA includes strict guidelines regarding the employment of minors. These regulations prohibit the employment of children under certain ages and restrict the types of jobs they can perform. For example, youth under 14 years old generally cannot work in non-agricultural jobs covered by the FLSA, except in specific circumstances such as delivering newspapers or performing in entertainment. For older minors, restrictions on hours and types of work apply to ensure safety and educational priorities are upheld.

Record Keeping Requirements

Employers covered by the FLSA are required to keep accurate and detailed records of their employees’ wages, hours worked, and other relevant employment data. This information is crucial for verifying compliance with minimum wage and overtime pay requirements. Employees should have access to these records and be aware of their rights to review them to ensure accuracy.

Equal Pay

Under the FLSA, employees are entitled to equal pay for equal work, regardless of gender. This provision ensures that employers cannot discriminate based on sex by paying lower wages to employees of one gender than to employees of another gender for substantially similar work.

By understanding their rights under the FLSA, employees can advocate for themselves and take appropriate action if they believe their employer is not complying with federal labor standards. With its foundational protections related to minimum wage, overtime pay, child labor, equal pay, and more, the FLSA continues to play a vital role in safeguarding the rights of American workers, promoting economic fairness, and maintaining workplace standards across various industries.