Whom Does The Fair Labor Standards Act Cover?
In order for the FLSA to apply there must be an employment relationship between an employer and an employee. An employee, as distinguished from a person who is engaged in a business of his or her own, is one who, as a matter of economic reality, follows the usual path of an employee and is dependent on the business which he or she serves. There are exemptions. Some employees are exempt from the overtime pay provisions, some from both the minimum wage and overtime pay provisions and some from the child labor provisions. Exemptions are narrowly construed against the employer asserting them. Therefore, employers and employees should always closely check the exact terms and conditions of an exemption in light of the employee`s actual duties before assuming that the exemption might apply.
Other Fair Labor Standards Act (FLSA) FAQs
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Q:
What Does The Fair Labor Standards Act Govern?
A: The Fair Labor Standards Act (FLSA) sets minimum wage, overtime pay, equal pay, record keeping requirements and child labor standards. As of December 2000, workers … More -
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What Administrative Body May Impose Remedies For A Violation Of The Fair Labor Standards Act?
A: With the exception of certain federal employees, the administration and enforcement of the FLSA is the responsibility of the Department of Labor`s Wage and Hour … More -
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When Are Pay Raises Required?
A: Pay raises are generally a matter of agreement between an employer and employee (or the employee's representative). Pay raises to amounts above the Federal minimum … More -
Q:
Is Extra Pay Required For Weekend Or Night Work?
A: Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee's representative). The FLSA does not require … More -
Q:
How Is Vacation Pay, Sick Pay, And Holiday Pay Computed And When Is Such Pay Due?
A: The FLSA does not require payment for time not worked, such as vacations, sick leave or holidays (Federal or otherwise). These benefits are matters of agreement … More -
Q:
How Is Severance Calculated And When Is It Due?
A: workweek and time and onehalf an employee's regular rate for time worked over 40 hours in a workweek. There is no requirement in the FLSA for severance pay. … More -
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When Must Breaks And Meal Periods Be Given?
A: The FLSA does not require breaks or meal periods be given to workers. Some states may have requirements for breaks or meal periods. If you work in a state which does … More -
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Are Periodic Performance Evaluations Required?
A: The FLSA does not require performance evaluations. Performance evaluations are generally a matter of agreement between an employer and employee (or the employee's … -
Q:
When Is Overtime Due?
A: For covered, nonexempt employees, the FLSA requires overtime pay at a rate of not less than one and onehalf times an employee's regular rate of pay after 40 … More -
Q:
When Is Double Time Due?
A: The FLSA has no requirement for double time pay. This is a matter of agreement between an employer and employee (or the employee's representative).
Labor and Employment Sub-categories
Off-The-Clock Work Time
Off-The-Clock Work Time
Increased Federal Minimum Wage
Non-Compete Agreements
Wrongful Termination of Employment