The Fair Labor Standards Act of 1938 (FLSA) was created to ensure fair work practices for employees pertaining to the minimum wage, overtime pay, record keeping, and child labor standards. The Act protects employees, both part-time and full-time, in the private, federal, state, and local sectors.
While other laws protect employees, it is critical for any employment issue that your employer abides by the Fair Labor Standards Act.
What does the Fair Labor Standards Act include?
The FLSA defines the following:
- Minimum Wage: As of July 24, 2009, the federal minimum wage is $7.25 per hour. In addition to the minimum requirements under the federal government, states may also implement minimum wage requirements. These may surpass the federal minimum wage but cannot go below it. In those cases, where employment falls under both federal and state statutes, the employee should receive the higher wage. For example, the New York State minimum wage is more than the federal minimum wage.
- Overtime: Nonexempt employees must receive overtime pay for hours worked over the 40-hour workweek at a rate no less than one and a half times the regular rate of pay. There is no federal limit on the number of hours an employee 16 years of age or older may work in any given workweek. Also, the Act does not require overtime pay for work on weekends, holidays, or regular days of rest. Someone has to work overtime on those days for overtime pay like any other day.
- Hours Worked: Hours worked generally include all the time during which an employee is required to be on the employer’s premises, on duty, or at a prescribed workplace. Rest periods that are usually 20 minutes or less receive working time pay. Meal breaks, typically 30 minutes or more, generally do not receive compensation as work time. However, the employee must be completely free from duty to eat regular meals. They must be free to eat without needing to perform tasks of the job or be available while they eat.
- Record keeping: Employers are required to post an official poster that outlines the FLSA’s provisions. Employers also need to keep up-to-date and accurate records for their employees. This includes certain identifying information about employees, the hours worked, and the wages earned. You can find this information via the U.S. Department of Labor’s Wage and Hour Division website.
- Child Labor: Child labor provisions are designed to protect the educational opportunities of minors as well as prohibit their employment to be detrimental to their health or well-being. Certain forms of employment may follow different child labor standards from those on the U.S. Department of Labor’s website. This includes the food industry, retail, recreational spaces, health care, etc.
It is critical for employees and employers to understand the minimum employment standards the Fair Labor Standards Act provides. States and employers can create their guidelines as long as they are not harmful to employees, discriminatory, or contradict current legislation.
Who does the FLSA cover?
The Fair Labor Standards Act covers all employees that engage in “interstate commerce, producing goods for interstate commerce, or handling, selling, or otherwise working on goods or materials that move or produce such commerce by any person.”
Employees who are not covered under the FLSA may still be subject to minimum wage, overtime pay, record keeping, and child labor provisions as set forth by the Act if they are employed by a company that engages in interstate commerce in any of the above forms.
Domestic service workers receive provisions under the Fair Labor Standards Act if:
- Wages from one employer are at least $1,700. This amount adjusts yearly to reflect Social Security Administration guidelines.
- The domestic service worker worked more than 8 hours a week for one or more employers or clients.
Domestic service workers include day workers, housekeepers, chauffeurs, cooks, and full-time babysitters. It’s difficult to understand if you qualify for the provisions the Fair Labor Standards Act provides. However, if you feel that your employer is not treating you fairly, you have a right to seek guidance. You can find guidance from your HR or an employee rights attorney in your state.
Fair Labor Standards Act Violations: Brown Kwon & Lam
If you work in New York State and believe your employer is not abiding by the principles of the Fair Labor Standards Act, you need the guidance of a trusted employee rights attorney. We will review your wage violations, investigate errors in record keeping, and ensure that your employer is following child labor standards. Contact the New York employee rights attorneys of Brown Kwon & Lam today.
