The Fair Labor Standards Act was signed by President Franklin D. Roosevelt on June 25, 1938. While there have been some changes since then, the bulk of the Act is still in effect today.
One area that is being debated today is the federal minimum wage which has been in effect since July 24, 2009. Many states have their own minimum wages; in those cases, the employee is entitled to the higher minimum wage.
Nonexempt employees must receive overtime pay for hours worked over 40 per workweek at a rate of not less than one and one-half times the regular rate of pay. Overtime pay is not required for work on weekends, holidays, or regular days of rest unless those hours total more than 40 in the workweek.
Exempt employees include certain executive, administrative, professional, outside sales and computer employees. The 3 tests include a) salary level of at least $684 per week; b) salary basis is guaranteed; and c) primary job duties.
Hours worked include all the time during which an employee is required to be on the employer’s premises, on duty or at a prescribed workplace. There also must be equal pay for equal jobs whether you are male or female, white or brown, etc.
Employers must display an official poster outlining the FLSA requirements and must also keep employee time and pay records.
Jobs considered detrimental to a child’s health or well-being are not allowed for children under the age of 18. There is no limit on the number of hours worked for children 16 and over – however, there are many state laws that must be adhered to in this area as well.
Breaks are not required; however, for a break to NOT be paid, it must be at least 30 minutes and the employee must be free to leave the employer’s premises.
For more information, see the following link: https://www.dol.gov/agencies/whd/flsa
