The Fair Labor Standards Act, also known as the FLSA, is one of the defining federal statutes that governs employment law. For many employees throughout the United States, it is the primary set of protections that ensures they are fairly compensated for their work. Here is what you need to know about the FLSA, whether you are an employer or an employee:
What is the Fair Labor Standards Act?
Put simply, the Fair Labor Standards Act is a law that protects certain employees by ensuring they have the right to certain wages for their work. The law, which was originally passed in 1938, set some of the most fundamental labor protections for American workers, including establishing cornerstone principles like the minimum wage and overtime pay. It also requires employers to maintain records of payments to their employees to ensure they are paid as required by law.
What Does the FLSA Do?
Among other things, it guarantees a federal minimum wage, and ensures some employees are entitled to overtime pay for working more than 40 hours a week, or for working on holidays. It also carves out rules for certain exceptions to these wage requirements, such as people who work for tips or commissions. It also imposes restrictions on things like child labor, and protects employees from retaliation for reporting labor violations.
Who Does the FLSA Apply To?
The FLSA applies to most federal, state, and local government workers, as well as all employees who work for a company that makes $500,000 per year or more, as well as hospitals, medical facilities, and schools. However, certain employees are considered partially or entirely exempt from certain FLSA protections, including (but not limited to):
- Executive, administrative, and professional employees
- Teachers and academic administrative personnel
- Outside sales employees
- Employees in certain computer-related occupations
- Domestic service workers
- Fishers, including those employed by domestic or foreign fishing vessels
- Farmworkers on farms that employ less than 500 “man-days” in a year
- Employees of seasonal recreation/amusement locations (such as theme parks)
- Railroad workers, taxi drivers, sailors, and employees in certain motor carriers
- Public fire departments and police departments
- Certain “highly compensated” employees
What Should You Do if You Are Involved in an FLSA Dispute?
If you are an employer who has been accused of violating the FLSA, or you are an employee who has been the victim of an FLSA violation, you should speak to a lawyer with experience handling employment law matters. They can help you review your case to ensure you receive the best possible outcome for your situation. The sooner you call, the sooner they can begin working for you.
If you have an employment issue, give the Law Office of Andrew Ross Sack a call. Andrew Ross Sack is a New York and New Jersey employment lawyer who has considerable experience in handling the many aspects of labor and employment law. To schedule a consultation with New York City/Long Island/Westchester employment lawyer Andrew Ross Sack, call (516) 526-3319 or visit his contact page.
