The Fair Labor Standards Act (FLSA) is a cornerstone of employment law in the United States. Enacted in 1938, it established key rights for workers, including the federal minimum wage, overtime pay, recordkeeping requirements, and restrictions on child labor. Yet, many employees today are unaware of the full extent of their rights under the FLSA.
Whether you're working in an office, a restaurant, or a factory, knowing your rights can help protect you from wage theft and unfair labor practices. This guide breaks down the major provisions of the FLSA and how they apply to employees across various industries.
1. Minimum Wage Protections
As of 2025, the federal minimum wage is $7.25 per hour, a rate that has remained unchanged since 2009. However, many states and cities have implemented higher minimum wages. For example, California, New York, and Washington D.C. have minimum wages exceeding $15/hour.
If your state or local wage is higher than the federal rate, employers must pay the higher amount. It's illegal to pay below the applicable minimum wage unless you fall under specific exemptions (like tipped workers).
2. Overtime Pay Rules
One of the most critical aspects of the FLSA is the right to overtime pay. Employees who work over 40 hours in a workweek must be paid at 1.5 times their regular hourly rate.
However, not all employees are eligible. The FLSA distinguishes between non-exempt and exempt workers. Non-exempt employees are protected by overtime rules, while exempt workers—often salaried professionals earning above a certain threshold—are not.
Key exemptions include:
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Executive, administrative, and professional roles
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Outside salespersons
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Certain tech or IT professionals
If you're unsure of your classification, consult your HR department or an employment lawyer.
3. Recordkeeping Requirements
Under the FLSA, employers are required to maintain accurate records of hours worked and wages paid. This includes:
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Employee’s full name and Social Security number
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Hours worked each day and total hours per week
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Total wages earned
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Date of payment and pay period covered
Failure to keep proper records can lead to audits and penalties.
4. Youth Labor Protections
The FLSA includes child labor laws to protect minors from dangerous or exploitative work. These laws vary by age group:
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Under 14: Only allowed to work in limited jobs (e.g., babysitting, newspaper delivery)
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14–15: Limited hours and types of jobs (non-hazardous, outside school hours)
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16–17: No limits on hours, but still restricted from hazardous occupations
These protections ensure that education remains a priority and that young workers are not placed in unsafe environments.
5. Employer Violations and Employee Remedies
If your employer violates FLSA rules, you have several options:
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File a complaint with the Department of Labor (DOL)
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Speak to a local labor board or attorney
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File a private lawsuit to recover unpaid wages or overtime
Employees are protected from retaliation for asserting their FLSA rights.
Final Thoughts
The Fair Labor Standards Act was designed to ensure fair pay and protect the dignity of American workers. Whether you're a new employee or a seasoned professional, understanding your rights under the FLSA is essential to protecting your income and your future. Don’t hesitate to seek help if you suspect your employer is violating wage and hour laws.
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