Fair Labor Standards Act


Fair Labor Standards Act sets out guidelines that employers must adhere to terms of the maximum number of hours that employees are permitted to work before receiving overtime, etc. See free previews and download all legal forms at USlegalforms.com, your online source for legal forms.



What is a Fair Labor Standards Act?

The Fair Labor Standards Act is a federal statute originally passed in 1938 setting minimum hourly wages, and maximum daily and weekly work hours after which overtime rates must be paid. The Act also restricts child labor in industries engaged in interstate commerce. Public employees were included in the Act in 1974.

The Fair Labor Standards Act's (FLSA) basic requirements are:

  • Payment of the minimum wage;
  • Overtime pay for time worked over 40 hours in a workweek;
  • Restrictions on the employment of children; and
  • Recordkeeping.

In order for the FLSA to apply, there must be an employment relationship between an "employer" and an "employee". The FLSA also contains some exemptions from these basic rules. Some apply to specific types of businesses and others to specific kinds of work.

Although some states may have laws governing the following issues, the FLSA does not require:

  1. vacation, holiday, severance, or sick pay;
  2. meal or rest periods, holidays off, or vacations;
  3. premium pay for weekend or holiday work;
  4. pay raises or fringe benefits;
  5. a discharge notice, reason for discharge, or immediate payment of final wages to terminated employees; and
  6. pay stubs or "W-2"s.

Top Questions about Fair Labor Standards Act

  • Who is not covered under the Fair Labor Standards Act?

    Not all employees fall under the Fair Labor Standards Act, and several categories are specifically excluded. For instance, many farm workers and seasonal employees may not receive the same protections as those in other industries. Additionally, employees of small businesses with annual revenues below a specific threshold may also be excluded. If you are unsure about your status, utilizing resources, such as the uslegalforms platform, can clarify your rights and responsibilities.

  • Does the Fair Labor Standards Act apply to everyone?

    While the Fair Labor Standards Act provides protections for many workers, it does not apply universally. Certain categories of workers, such as independent contractors and some governmental employees, may not be covered. It's important to determine if the Fair Labor Standards Act applies to your specific situation for accurate compliance and rights awareness. Knowing if you are covered can help you advocate for your rights more effectively.

  • Who is not subject to Fair Labor Standards Act?

    Individuals who are not subject to the Fair Labor Standards Act typically include those working in certain job categories, such as volunteer positions, interns, or family members employed by a relative. Moreover, employees of small businesses that do not conduct any interstate commerce can also be excluded from the Act's provisions. If you have questions about your specific situation, platforms like Uslegalforms can provide insights and resources for legal compliance.

  • Which type of employee is excluded from coverage under the Fair Labor Standards Act (FLSA)?

    Certain types of employees, such as independent contractors and some agricultural workers, may be excluded from coverage under the Fair Labor Standards Act (FLSA). Additionally, specific small businesses that do not engage in interstate commerce may also be exempt. Recognizing these exclusions is crucial for employers seeking full compliance and ensuring their workforce is correctly classified.

  • Who is exempt from the Fair Labor Standards Act FLSA?

    Exemptions under the Fair Labor Standards Act FLSA typically include certain salaried employees, such as executives, administrators, professionals, and outside salespeople who meet specific criteria. These workers often receive a fixed salary rather than hourly wages, and their job duties align with the qualifications for exemption. Understanding these exemptions can help employers navigate compliance and employee classification effectively.

  • Who does the Fair Labor Standards Act apply to?

    The Fair Labor Standards Act applies to a broad range of employees in various sectors, including private-sector workers, federal, state, and local government employees, and employees of covered enterprises that engage in interstate commerce. Generally, if your job affects interstate commerce in any way, you fall under the provisions of this Act. Accordingly, this legislation serves to protect a substantial number of workers across the country.

  • How does the 7-minute rule work?

    The 7-minute rule works by allowing employers to simplify the tracking of employee work hours in compliance with the Fair Labor Standards Act. When employees clock in and out, any time recorded that falls under 7 minutes may be ignored, while any time recorded over 7 minutes is counted towards the next quarter hour. This method aids employers in efficiently managing payroll while remaining compliant with labor laws. Using tools like the USLegalForms platform can help employers ensure they apply these rules correctly.

  • What is the FLSA 7-minute rounding rule?

    The FLSA 7-minute rounding rule allows employers to round employees' work hours to the nearest quarter hour if the total work time is not a full quarter hour. This means that any time worked less than 7 minutes can be rounded down while time exceeding 7 minutes can be rounded up. Compliance with this rule helps ensure accurate reporting of employee hours under the Fair Labor Standards Act, which is essential for effective payroll management.

  • Who is not covered by the Fair Labor Standards Act?

    Certain categories of workers are not covered by the Fair Labor Standards Act. For example, employees in specific sectors, such as agriculture, certain professionals, and some state and local government employees, may be exempt. Additionally, individuals who work for small businesses with gross receipts below a certain threshold might also fall outside FLSA protections. Understanding these exclusions helps both employees and employers navigate their rights and responsibilities.

  • What is the 7 minute rule for the Fair Labor Standards Act?

    The 7-minute rule within the Fair Labor Standards Act (FLSA) refers to how employers can round employee work hours to the nearest quarter of an hour. This means that if an employee works for a time that is less than 7 minutes, the employer can round that time down to the nearest quarter hour. Conversely, if the employee works more than 7 minutes, it gets rounded up. This practice aims to simplify payroll calculations while ensuring compliance with FLSA guidelines.