Handy reference guide to the fair labor standards act whd. The fair labor standards act flsa is a federal law that was adopted in 1938. The fair labor standards act flsa child labor provisions. The act requires that employees must receive at least the minimum wage and may not be employed for more than 40 hours in a week without receiving at least one and onehalf times their regular rates of pay for the. The fair labor standards act flsa or act generally requires that covered, nonexempt employees receive overtime pay of at least one and onehalf times their regular rate of pay for time worked in excess of 40 hours per workweek. The flsa does not provide a limit on the number of hours employees ages 16 and older may work in any workweek, however all. The fair labor standards act flsa was enacted in 1938. The fair labor standards act or commonly known as flsa, requires that most employees in the united states be paid at least the federal minimum wage for all hours worked and overtime pay at time and one. In addition, certain employers and employees are exempt from coverage. You must meet the standards of the exemption tests regardless of your job title. This act may be cited as the fair labor standards act of 1938. The law, applying to all industries engaged in interstate commerce, established a.
Be it enacted by the senate and house of representatives of the united states of america in congress assembled, that this act may be cited as the fair labor standards act of 1938. Child labor requirements in agricultural occupations under. Handy reference guide to the fair labor standards act the fair labor standards act flsa establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting fulltime and parttime workers in the private sector and in federal, state, and local governments. Learn about special issues in applying the flsa to police and fire employees such as the option to define an extended workweek, flsa application to small departments, different ceilings on accrual of compensatory time, and rules for volunteer versus paid oncall fighters. Congressional finding and declaration of policy a the congress hereby finds that the existence, in industries engaged in commerce or in the production of goods for commerce, of labor conditions detrimental to the maintenance of the minimum standard of living. Learning objectives understand the basics of flsa realize the importance of flsa to employers and employees remain in compliance with the flsa. The fair labor standards act flsa of 1938 prohibits the employment of oppressive child labor in the united states, which the act defineswith some exceptionsas the employment of youth under the age of 16 in any occupation or the employment of youth under 18 years old in. An employee must be at least 16 years old to work in most nonfarm jobs and at least 18 to work in nonfarm jobs declared hazardous by the. The home health care industry under the fair labor standards act flsa. The fair labor standards act and calculating the regular rate diana cecil, sphr hr consultant. This guide describes the rules for work that is anything other than.
The codes standards are based on international labor organization standards and internationally accepted good labor practices. Omes policy covering the federal fair labor standards act. Fair labor standards act flsa human resource management. Fair labor standards act flsa 2019 questions and answers. The fair labor standards act flsa establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in federal, state, and local governments. Recordkeeping requirements under the fair labor standards act flsa this fact sheet provides a summary of the flsas recordkeeping regulations, 29 cfr part 516.
The fair labor standards act flsa is a federal law administered by the department of labor. A quick look at the fair labor standards act youth employment. Wagner of new york and signed on june 14, 1938, effective october 24. This publication is a compilation of the text of chapter 676 of the 75th congress. This law covers fulltime and parttime workers in the private sector and federal, state, and local governments. The fair labor standards act flsa youth employment provisions protect young workers by limiting the types of jobs, the number of hours, andor the times of day they may work, these provisions differ based on the age of the minor. The workweek can be any period of time the city chooses consisting of seven days in a row. Fair labor standards act flsa was enacted in 1938 to establish and regulate minimum wage overtime pay recordkeeping child labor standards also referred to as the wage and hour law revised in 2004 and again in 2016 by the department of labor an employer has no obligation to independent contractors under flsa.
Keywords fair, labor, standard, act, flsa, omes, created date. Under the fair labor standards act the united states department of labor wage and hour division federal minimum wage at least 1 times your regular rate of pay for all hours worked over 40 in a workweek. Please check child labor bulletin 101, child labor requirements in nonagricultural occupations under the fair labor standards act, for additional information. Fair labor standards act flsa 2019 questions and answers state human resources november 6, 2019 page 3 which they perform no work. Fair labor standards act of 1938 as amended through p. A quick look at the fair labor standards act youth. The fair labor standards act flsa youth employment provisions protect young workers by limiting the types of jobs, the number of hours, andor the times of day they may work, these provisions differ based on the age of. The flsa does not provide a limit on the number of hours employees ages 16 and older may work in any.
All employees that hold positions determined to be covered under the mandatory. In addition to its minimum wage and overtime provisions, the fair labor standards act contains laws governing when an employer may or may not employ child. The flsa covers most, but not all, private and public sector employees. It protects workers by setting standards for minimum wage, overtime pay, recordkeeping, and youth labor. The flsa does not require overtime pay for work on weekends, holidays, or regular days of rest, unless overtime is worked on such days. Section 3e2 of the fair labor standards act of 1938 the act or flsa, as amended, sections 201 et seq. To provide for the establishment of fair labor standards in employment in and affecting interstate. Fair labor standards act with the portaltoportal act flsa. An employee is not paid on a salary basis if deductions from the employees predetermined compensation are made for absences occasioned by the employer or by the operating requirements of the business. Fair labor standards act flsa the fair labor standard act flsa is a federal law that sets minimum wage, overtime, and minimum age requirements for employers and employees. United states of america in congress assembled, that this act may be cited as the fair labor standards act of 1938.
Fair labor standards act flsa quick reference guide for supervisors exempt salaried nonexempt hourly does not earn overtime or comp time when they work more than 40 hours in a workweek must meet the requirements of the flsa exemptions set by the department of labor earns overtime or comp time when they work more than 40 hours. The regular rate includes all remuneration for employment, subject. It was last amended by the public law listed in the as amended through note above and below at the bottom of each page of the pdf version and. Blr fair labor audit standards act flsa checklists checklist. Companies affiliated with the fla are expected to comply with all relevant and applicable laws and regulations of the country in which workers are employed and to implement the workplace code in their applicable. The fair labor standards act flsa provides workers with minimum wage, overtime pay, and child labor protections. Whether wai ng me is hours worked under the act depends upon the par cular circumstances. The law, applying to all industries engaged in interstate commerce, established a minimum wage of 25. The fair labor standards act flsa is a federal law which establishes minimum wage, overtime pay eligibility, recordkeeping, and child labor standards affecting fulltime and parttime workers in the private sector and in federal, state, and local governments. Fair labor standards act police and fire employees. Fair labor standards act with the portaltoportal act flsa full text 29 u. Generally, the facts may show that the employee was engaged to wait which is work me or the.
Computer employees are employed as computer systems. Both missouri and federal labor laws require most employers to pay or compensate their employees for the number of actual hours worked. This is a presentation on the fair labor standards act, which is a federal law, but well also look at some state laws which provide additional restrictions on employers. As a result of the 2016 changes to flsa or fair labor standards act, on december 1, 2016, a new overtime rule is set to go into effect. For nonexempt employees, the fair labor standards act sets minimum wage rates and overtime requirements. Travel time generally, time spent commuting from home to the workplace is not considered work time. An overview congressional research service summary the fair labor standards act flsa provides workers with minimum wage, overtime pay, and child labor protections. Be it enacted by the senate and house of representatives. For an exemption to apply, a whitecollar employees specific job duties and salary must meet all of the applicable. Fair labor standards act, also called wages and hours act, the first act in the united states prescribing nationwide compulsory federal regulation of wages and hours, sponsored by sen. It applies to employees engaged in interstate commerce or employed by an enterprise engaged in. The two classifications are exempt employees and nonexempt employees. Foreign exemption fact sheet mso992 june 1999 the foreign exemption is a provision of the fair labor standards act of 1938 the act or flsa, as amended, under which the minimum wage, overtime, and child labor provisions do not apply to any employee who spends all hours of work in a given workweek in an exempt area.
Fair labor standards act united states 1938 britannica. Handy reference guide to the fair labor standards act u. Deductions from pay other than deduc ons required by law taxes, court ordered payments, etc. The wage and hour division whd it is the responsibility of whd to carry out a vigorous, consistent, and effective compliance program with respect to employment of workers. Employee rights under the fair labor standards act the law requires employers to display this poster where employees can readily see it. As the united states enters another economic crisis, and. This presentation is geared toward the specific audience of libraries as employers, so im not covering some sections, such as employees who earn tips or sales commission. The fair labor standards act, which was signed into law in 1938, established minimum wage, overtime pay, recordkeeping, and youth employment standards. It also prohibits employment of minors in oppressive child labor. Specifically, the flsa governs overtime provisions, which ensure employees receive pay at a rate no less then timeandahalf for all time worked in excess of 40 hours in a work week.
Time clock plus employee time sheet entry instructions pdf. This publication contains the original text of the fair labor standards act of 1938 as set forth in 52 stat. Dec 19, 2019 the fair labor standards act flsa is a united states federal law that was enacted in 1938. Are such new forms of work entitled to the minimum payment standards mandated under the flsa. The portions of the final rule promulgated by the department of labor entitled updating regulations issued under the fair labor standards act 76 fed. An act to provide for the establishment of fair labor standards in. Fair labor standards act fact sheet office of human. Be it enacted by the senate and house of representatives of. The fair labor standards act flsa establishes minimum wage, overtime pay. Some farm employees may not be performing agricultural work, but may still be subject to the provisions of the flsa.
Fair labor standards act guide executive employee exemption oregon rules new federal regulations compensated on a salary basis at a rate of not less than minimum wage x 40 hours per week exclusive of board, lodging or other facilities, and primary duty is management of the enterprise or of a customarily recognized department or. The fair labor standard act flsa is a federal law that sets minimum wage, overtime, and minimum age requirements for employers and employees. Pending litigation for more information, click here. A child for purposes of these child labor laws is any individual under the age of 18. Offduty care and feeding of the dog when such activities are seen as necessary and. Establishes standards affecting employees in private and public sector minimum wage overtime pay. It affects fulltime and parttime workers in the private sector and in federal, state, and local governments. Fair labor standards act office of human resources. However, the city must consistently use the same sevenday period for example, sunday at 12. Fair labor standards act does not permit an employer to give compensatory me o. A public sector compliance guide 2018 liebert cassidy whitmore table of contents section 1 overview of the fair labor standards act a.