{"id":2466,"date":"2022-10-11T17:05:13","date_gmt":"2022-10-11T21:05:13","guid":{"rendered":"https:\/\/inside.wooster.edu\/hr\/?page_id=2466"},"modified":"2025-01-21T12:40:35","modified_gmt":"2025-01-21T17:40:35","slug":"fair-labor-standard-act-flsa","status":"publish","type":"page","link":"https:\/\/inside.wooster.edu\/hr\/fair-labor-standard-act-flsa\/","title":{"rendered":"Fair Labor Standard Act (FLSA)"},"content":{"rendered":"\n

The Fair Labor Standards Act is a federal law that governs minimum wage, overtime pay, child labor and recordkeeping requirements. FLSA is currently enforced and overseen by the Wage and Hour Division (WHD) of the United States Department of Labor<\/a>.<\/p>\n\n\n\n

The U.S. Department of Labor uses annual pay and job duties to determine who is to be paid for working overtime. Some employees are not included in the overtime pay rules because of their duties and annual pay. They are considered exempt<\/strong>. Those who are covered are considered non-exempt<\/strong> and must be paid for all hours worked, including overtime if more than 40 hours are worked in the week.<\/p>\n\n\n\n

Effective on January 1, 2020<\/em><\/p>\n\n\n\n

The Department of Labor evaluates the regulations associated with FLSA and proposes change. The final rule updates the earnings thresholds necessary to exempt executive, administrative and professional employees from the FLSA minimum wage and overtime pay requirements. <\/p>\n\n\n\n

The new thresholds account for growth in employee earnings since the thresholds were last updated in 2004.<\/p>\n\n\n\n

FLSA Glossary<\/h4>\n\n\n\n
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U.S. Department of Labor (DOL)<\/strong><\/strong><\/span><\/i><\/i><\/span><\/span><\/div>
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A federal agency that administers and enforces more than 180 federal laws related to wages, working conditions and employment.<\/p><\/div><\/div>\n<\/div><\/div><\/div>\n\n\n\n

Fair Labor Standards Act (FLSA)<\/strong><\/strong><\/strong><\/strong><\/span><\/i><\/i><\/span><\/span><\/div>
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A 1938 federal employment law administered by the U.S. Department of Labor. It sets a minimum hourly wage, a 40-hour workweek, overtime rules, timekeeping requirements and child labor standards. The guidelines affect full-time and part-time workers in the private sector and in federal, state and local governments.

The Fair Labor Standards Act (FLSA) sets a minimum hourly wage, a 40-hour workweek, overtime rules, timekeeping requirements and other standards. Covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009. Overtime pay at a rate not less than one and one-half times the regular rate of pay is required after 40 hours of work in a workweek.

Wages and the Fair Labor Standards Act | U.S. Department of Labor (dol.gov)<\/a><\/p><\/div><\/div>\n<\/div><\/div><\/div>\n\n\n\n

Exempt<\/strong><\/strong><\/span><\/i><\/i><\/span><\/span><\/div>
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Exempt staff are not eligible for overtime pay or compensatory time off. Under FLSA, employers are not required to offer the exempt status to employees. Exempt employees are expected to work whatever hours are necessary to accomplish the goals and deliverables of their job. Exempt employees are not eligible to receive overtime pay when they work more than 40 hours in a work week.<\/p><\/div><\/div>\n<\/div><\/div><\/div>\n\n\n\n

Non-exempt<\/strong><\/strong><\/span><\/i><\/i><\/span><\/span><\/div>
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Non-exempt staff are eligible for overtime pay or compensatory time off. Employers must compensate non-exempt employees for all hours worked, including overtime for hours over 40 worked in the work week.<\/p><\/div><\/div>\n<\/div><\/div><\/div>\n\n\n\n

Overtime pay<\/strong><\/strong><\/span><\/i><\/i><\/span><\/span><\/div>
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“Covered nonexempt employees must receive overtime pay for hours worked over 40 per workweek (any fixed and regularly recurring period of 168 hours \u2013 seven consecutive 24-hour periods) at a rate not less than one and one-half times the regular rate of pay. There is no limit on the number of hours employees 16 years or older may work in any workweek. The FLSA does not require overtime pay for work on weekends, holidays, or regular days of rest, unless overtime is worked on such days.”

Overtime Pay | U.S. Department of Labor (dol.gov)<\/a><\/p><\/div><\/div>\n<\/div><\/div><\/div>\n\n\n\n

Recordkeeping<\/strong><\/span><\/i><\/i><\/span><\/span><\/div>
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“Employers must display an official poster outlining the requirements of the FLSA. Employers must also keep employee time and pay records.”

U (dol.gov)<\/a><\/p><\/div><\/div>\n<\/div><\/div><\/div>\n\n\n\n

Hours Worked<\/strong><\/span><\/i><\/i><\/span><\/span><\/div>
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“Hours worked ordinarily include all the time during which an employee is required to be on the employer\u2019s premises, on duty, or at a prescribed workplace.”

U (dol.gov)<\/a>
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U.S. Department of Labor Resources: <\/h4>\n\n\n\n
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