What is the FLSA?
The Fair Labor Standards Act (FLSA) is a group of federal rules and regulations that determine eligibility for overtime pay. In August 2004, major changes to these rules and regulations were implemented by the Department of Labor (DOL). The gist of the FLSA is that if you perform duties that do not meet one of the exemption tests developed by the DOL, your position is classified as non-exempt or NE, and you are eligible for overtime pay. However, if you perform duties that meet one of the exemption tests developed by the DOL, your position is classified as exempt or E and you are not protected by the FLSA. One significant change to the FLSA in 2004 is the salary limit. Under the new rules and regulations, employees earning less than $23,660 per year or $455 per week are automatically non-exempt and guaranteed overtime protection, regardless of the job title or duties assigned to their positions.
A. The FLSA is the most general federal labor law. It contains the minimum wage provisions, Equal Pay Act, child labor restrictions, and a variety of other federal labor and employment law sections. A key provision of the Act is that most employees must be paid time and one-half for all overtime “hours worked.
A. The FLSA is the Fair Labor Standards Act. It is the federal law that governs payment of minimum wage and payments for overtime. This is the law that requires that most employees be paid one and one-half times their regular rate or pay for all hours worked over 40 hours in a work week (a defined 7-day period). For a free evaluation of your potential overtime case by an overtime attorney, click here.
