The Fair Labor Standards Act – What Is It?

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What is it?

The FLSA is the federal law that establishes minimum wage, overtime pay, recordkeeping, and child labor standards for private and public sector employees. Here’s an overview of the requirements:

Minimum Wage

Covered employees are entitled to a minimum wage of $7.25 per hour. In cases where an employee is subject to both state and federal minimum wage laws, the employee is entitled to the higher minimum wage. Therefore, in New York an employee would be entitled to a minimum wage of $9.00 per hour. However – the FLSA permits restaurant employers to pay tipped employees a lower minimum wage as long as the employees earn a certain amount in tips.

Overtime

Covered employees must receive overtime pay for hours worked over 40 per workweek at a rate no less than one and one-half times the regular rate of pay.

Recordkeeping

Employers must display an official poster outlining the requirements of the FLSA. Employers must also keep employee time and pay records.

Child Labor

Certain provisions are designed to protect the educational opportunities of minors and prohibit their employment in jobs and under conditions detrimental to their health or wellbeing.

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