What is The Fair Labor Standards Act?
The Fair Labor Standards Act, commonly referred to as “FLSA” is a federal law that established the minimum wage, overtime pay, record-keeping, and child labor standards for full-time and part-time employees that work in the private sector, as well as federal, state, and local governments. The division of the U.S. Department of Labor “DOL” that enforces FLSA is the Wage and Hour Division.
FLSA’s Basic Wage Standards
The Fair Labor Standards Act requires that non-exempt employees receive a minimum wage of $7.25 per hour, which was made effective as of July 24, 2009. Non-exempt workers must also receive overtime pay at one and one-half times their regular rate of pay after 40 hours of work in a workweek. FLSA also requires that wages be paid to an employee on their regular payday for the pay period in which the wages cover.
Are There Any Exceptions to FLSA’s Basic Standards?
Per the Department of Labor website, there are a variety of employment practices FLSA does not regulate. The Federal Labor Standards Act does not require:
- Vacation, holiday, or sick pay;
- Severance;
- Meal or rest periods, holidays off, or vacations;
- Premium pay for weekend or holiday work;
- Raises in pay or any fringe benefits;
- Immediate final payment upon discharge; or
- Any notice for discharge, including giving a reason for discharge.
However, while FLSA may not cover or regulate the above-referenced items, state law may. State law may provide an employee with additional protections, so it is always important to understand your protections as an employee under both federal and state law.
If you believe that your rights under FLSA have been violated, you may also want to consult with an experienced employment attorney.
The dedicated and compassionate attorneys at Vigilante Law Firm, P.C. would be happy to provide you with assistance in your case and help you recover the compensation you are entitled to. Contact us today to schedule a consultation so we can assess the specific circumstances surrounding your lawsuit.