Wages and the Fair Labor Standards Act (2024)

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    • Minimum Wage
    • Overtime Pay
    • Earnings thresholds for the Executive, Administrative, and Professional exemption from minimum wage and overtime protections under the FLSA
    • Hours Worked
    • Recordkeeping
    • Federal Wage Garnishments
    • Direct Care Workers

    Wages and the Fair Labor Standards Act (1)

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    NOTICE: On April 23, 2024, the U.S. Department of Labor (Department) announced a final rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees, which will take effect on July 1, 2024. The final rule updates and revises the regulations issued under section 13(a)(1) of the Fair Labor Standards Act implementing the exemption from minimum wage and overtime pay requirements for executive, administrative, and professional (EAP) employees. Revisions include increases to the standard salary level and the highly compensated employee total annual compensation threshold, and a mechanism that provides for the timely and efficient updating of these earnings thresholds to reflect current earnings data.

    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. Covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009. Overtime pay at a rate not less than one and one-half times the regular rate of pay is required after 40 hours of work in a workweek.

    • FLSA Minimum Wage: The federal minimum wage is $7.25 per hour effective July 24, 2009. Many states also have minimum wage laws. In cases where an employee is subject to both state and federal minimum wage laws, the employee is entitled to the higher minimum wage.
    • FLSA Overtime: Covered nonexempt employees must receive overtime pay for hours worked over 40 per workweek (any fixed and regularly recurring period of 168 hours – seven consecutive 24-hour periods) at a rate not less than one and one-half times the regular rate of pay. There is no limit on the number of hours employees 16 years or older may work in any workweek. The FLSA does not require overtime pay for work on weekends, holidays, or regular days of rest, unless overtime is worked on such days.
    • Hours Worked: Hours worked ordinarily include all the time during which an employee is required to be on the employer’s premises, on duty, or at a prescribed workplace.
    • Recordkeeping: Employers must display an official poster outlining the requirements of the FLSA. Employers must also keep employee time and pay records.
    • Child Labor: These provisions are designed to protect the educational opportunities of minors and prohibit their employment in jobs and under conditions detrimental to their health or well-being.

    On January 10, 2024, the U.S. Department of Labor published a final rule Employee or Independent Contractor Classification Under the Fair Labor Standards Act, effective March 11, 2024, revising the Department’s guidance on how to analyze who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). This final rule rescinds the Independent Contractor Status Under the Fair Labor Standards Act rule (2021 IC Rule, 86 FR 1168), that was published on January 7, 2021. This guidance will be updated.

    General Guidance

    • Handy Reference Guide to the FLSA
      • Guía Práctica Referente a la Ley de Normas Justas de Trabajo
    • Fact Sheets
    • Employment Law Guide: Minimum Wage and Overtime Pay
    • Questions and Answers about the FLSA
    • Information on Furloughs and Other Reductions in Pay
    • Break Time for Nursing Mothers
    • 'How to File a Complaint' Card (PDF)
      • Spanish Version (PDF)
      • Chinese Version (PDF)
      • Korean Version (PDF)
      • Polish Version (PDF)
      • Tagalog Version (PDF)
      • Thai Version (PDF)
      • Russian Version (PDF)
      • Vietnamese Version (PDF)
      • Haitian Creole Version (PDF)
    • FLSA Resources for Puerto Rico
    • Misclassification of Employees as Independent Contractors
    • Minimum Wage and Overtime Pay for Direct Care Workers
    • Holiday Season Employment Information
    • COVID-19or Other Public Health Emergencies and the FLSA

    Posters

    • FLSA Minimum Wage Poster
      • Spanish Version
      • Chinese Version (PDF)
      • Russian Version (PDF)
      • Thai Version (PDF)
      • Hmong Version (PDF)
      • Vietnamese Version (PDF)
      • Korean Version (PDF)
      • Polish Version (PDF)
      • Haitian Creole Version (PDF)
    • Additional FLSA Posters

    Interpretive Guidance

    • Administrator Interpretations
    • Opinion Letters
    • Field Handbook
    • Field Bulletins

    E-tools

    • The Coverage and Employment Status Advisor helps identify which workers are employees covered by the FLSA.
    • The Hours Worked Advisor provides information to help determine which hours spent in work-related activities are considered FLSA “hours worked” and therefore must be paid.
    • The Overtime Security Advisor helps determine which employees are exempt from the FLSA minimum wage and overtime pay requirements under the Part 541 overtime regulations.
    • The Overtime Calculator Advisor computes the amount of overtime pay due in a sample pay period based on information from the user.
    • The Child Labor Rules Advisor answers questions about the FLSA’s youth employment provisions, including at what age young people can work and the jobs they can perform.
    • The Section 14(c) Advisor helps users understand the special minimum wage requirements for workers with disabilities.

    Presentations

    • Comprehensive FLSA Presentation (Microsoft PowerPoint)
    • Executive, Administrative, and Professional Exemption Presentation (Microsoft PowerPoint)

    Applicable Laws and Regulations

    Law

    Regulations

    Civil Money Penalty Inflation Adjustments

    Starting in 2016, agencies across the federal government must adjust their penalties for inflation each year. Below is a table that reflects the adjustments that have occurred for penalties under this statute. For more information on the penalty adjustments, go here.

    Civil Money Penalty Inflation Adjustments
    Type of ViolationStatutory CitationCFR CitationMaximum Civil Monetary Penalty on or before 1/15/2024Maximum Civil Monetary Penalty on or after 1/16/2024
    Homeworker:

    Violation of recordkeeping, monetary, certificate or other statutes, regulations or employer assurances.

    29 USC 211(d)29 CFR 530.302$1,240$1,280
    Child labor:

    (1) Violation of child labor standards (sec 212 or 213(c));

    29 USC 216(e)(1)(A)(i)29 CFR 570.140(b)(1) and 29 CFR 579.1(a)(1)(i)(A)$15,138$15,629
    (2) Violation of child labor standards (sec 212 or 213(c)) that causes the serious injury or death of a minor;29 USC 216(e)(1)(A)(ii)29 CFR 570.140(b)(2) and 29 CFR 579.1(a)(1)(i)(B)$68,801$71,031
    (3) Willful or repeated violation of child labor standards (sec 212 or 213(c)) that causes the serious injury or death of a minor29 USC 216(e)(1)(A)(ii)29 CFR 570.140(b)(2) and 29 CFR 579.1(a)(1)(i)(B)$137,602$142,062
    (4) Repeated or willful violation of section 206 or 207.29 USC 216(e)29 CFR 579.1(a)(2)$2,374$2,451
    (5) Violation of section 203(m)(2)(B)29 USC 216(e)(2)29 CFR 579.1(a)(2)(ii) and 29 CFR 578.3(a)(1)$1,330$1,373
    Wages and the Fair Labor Standards Act (2024)

    FAQs

    What is the Fair Labor Standards Act in simple terms? ›

    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.

    What problem did the Fair Labor Standards Act solve? ›

    (For best printout, see the PDF version (Spanish).) The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments.

    What is the Fair Labor Standards Act Quizlet? ›

    FLSA provides 3 main mandates. requires that minimum wage be paid to all covered employees, requires that overtime pay is paid for work in excess of 40 hours per week, limits the employment of children. Minimum wage.

    What employees are not covered by FLSA? ›

    Executive, administrative, professional and outside sales employees: (as defined in Department of Labor regulations) and who are paid on a salary basis are exempt from both the minimum wage and overtime provisions of the FLSA.

    What are the three factors to determine exempt or nonexempt? ›

    In most cases, there are three simple requirements to determine whether a worker is an exempt employee under California law:
    • Minimum Salary. The employee must be paid a salary that is at least twice the state minimum wage for full-time employment. ...
    • White Collar Duties. ...
    • Independent Judgment.
    Feb 16, 2023

    What is the federal minimum wage today? ›

    The federal minimum wage for covered nonexempt employees is $7.25 per hour. Many states also have minimum wage laws. In cases where an employee is subject to both the state and federal minimum wage laws, the employee is entitled to the higher of the two minimum wages.

    Who was against the Fair Labor Standards Act? ›

    The business community was largely opposed to it, and Southern Democrats often were linked with Republicans in their oppo- sition. Howard D. Samuel served in the labor movement for 40 years, and was Deputy Under Secretary for International Labor Affairs at the U.S. Department of Labor for 3 years.

    What did the Fair Labor Standards Act outlawed? ›

    The Fair Labor Standards Act of 1938 29 U.S.C. § 203 (FLSA) is a United States labor law that creates the right to a minimum wage, and "time-and-a-half" overtime pay when people work over forty hours a week. It also prohibits employment of minors in "oppressive child labor".

    Who decides what constitutes a fair wage? ›

    The U.S. Department of Labor enforces the Fair Labor Standards Act (FLSA), which sets basic minimum wage and overtime pay standards. These standards are enforced by the Department's Wage and Hour Division.

    Which of the following statements is true under the Fair Labor Standards Act? ›

    Final answer: The statement that is true about the Fair Labor Standards Act (FLSA) is that the FLSA does not limit the hours an employee works but sets standards for what constitutes a 'normal workweek' for wage purposes.

    How old are you supposed to be to get a job? ›

    As a general rule, the FLSA sets 14 years old as the minimum age for employment, and limits the number of hours worked by minors under the age of 16.

    What is the Fair Labor Standards Act United States Code? ›

    The Fair Labor Standards Act (FLSA) provides a national minimum hourly wage (29 U.S.C. § 206), mandatory overtime compensation (29 U.S.C. § 207), and restrictions on the employment of minors (29 U.S.C. § 212).

    What are the exemptions under the Fair Labor Standards Act? ›

    Exempt Employees

    Four major exemption categories have been established and defined by the Act. They are "executive," "administrative," "professional" and “outside sales.” To be determined exempt under one of these categories, the employee's position must meet certain criteria relating to their job responsibilities.

    What is the difference between exempt and nonexempt in the Fair Labor Standards Act? ›

    To determine if a job is exempt (not subject to overtime) or nonexempt (required to be paid overtime at time and a half), a job must meet the salary threshold for exempt status. Once a job meets that criteria, the FLSA uses five primary exemption tests to determine exempt status: Executive test. Administrative test.

    Who is an employer under FLSA? ›

    The FLSA applies only to employers whose annual sales total $500,000 or more or who are engaged in interstate commerce. You might think that this would restrict the FLSA to covering only employees in large companies, but, in reality, the law covers nearly all workplaces.

    What did the Fair Labor Standards Act of 1938 do for child labor? ›

    The FLSA establishes an 18-year minimum age for those nonagricultural occupations that the Secretary of Labor finds and declares to be particularly hazardous for 16- and 17-year-old minors, or detrimental to their health or well-being.

    What determines FLSA status? ›

    How to determine FLSA status. An employee must meet the following criteria to be considered exempt, i.e., not subject to FLSA overtime requirements: Earn at least $684 a week, which comes to $35,658 per year (salary level test). Be compensated on a salary basis (salary basis test).

    Which of the following is not covered under the Fair Labor Standards Act? ›

    Answer. The Fair Labor Standards Act (FLSA) covers minimum wage, overtime pay, child labor regulations, and equal pay for equal work. However, setting a limit on the number of immigrant workers from other countries is not covered under FLSA.

    How does the Fair Labor Standards Act (FLSA) affect the importance of the job description? ›

    How does the Fair Labor Standards Act​ (FLSA) affect the importance of the job​ description? The FLSA uses the job description to determine whether an employee is exempt or nonexempt.

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