What is the Fair Labor Standards Act?
The Fair Labor Standards Act (or FLSA) is a federal statute that governs the minimum wage and overtime requirements for employers and employee in the United States. In addition, the statute covers topics such as equal pay and child labor.
How much is the minimum wage?
The federal minimum wage is currently $7.25 per hour. However, most states have enacted their own wage laws providing a higher minimum wage requirement.
Am I entitled to overtime pay?
The federal standard for non-exempt employees to become eligible for overtime pay is work time in excess of 40 hours during a seven-day workweek. However, some states require employers to pay employees overtime wages for work in excess of eight or twelve hours in a day.
Am I entitled to rest or meal breaks?
The federal law does not provide for mandatory rest or meal breaks. However, any breaks of 20 minutes or less must be paid time. Additionally, many states have specific laws that require rest or meal breaks.
Where can I find information about the Fair Labor Standards Act exemptions for executive, administrative, professional, and other employees?
The U.S. Department of Labor website contains this information. However, the exemptions can be difficult to interpret and you should speak with an experienced attorney to determine if a particular exemption applies to your specific job duties.
Is my employer required to pay me for training activities?
Is my employer required to pay me a premium for holidays, weekends, or night shifts?
Can tipped employees be paid less than the minimum wage?
For tipped employees, employers may take a “tip credit” and pay such employees a reduced minimum wage, also known as the “cash wage.” In order to qualify for the tip credit, an employer must allow the tipped employee to keep all tips received and ensure that the tipped employee is paid at least the full minimum wage for the entire workweek.
Can my employer force me to share my tips with other employees?
Yes, as long as all participants in the tip pool are “front of the house” employees who customarily receive tips. “Back of the house” employees such as food expeditors, dishwashers, cooks, managers, and janitors are not proper participants in tip pools.
What records are my employer required to maintain?
The federal law requires employers to maintain all employee payroll and timekeeping records for at least two years.