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Fair Labor Standards Act (FLSA)
National Summary
The Fair Labor Standards Act (FLSA), also known as the federal Wage and Hour Law, regulates minimum wage, overtime, equal pay, recordkeeping, and child labor for employees of enterprises engaged in interstate or foreign commerce and employees of state and local governments. The FLSA is enforced by the Wage and Hour Division of the U.S. Department of Labor (DOL). The FLSA applies in all states, but states are permitted to develop their own laws and regulations to provide even greater protection for their workers than is provided under federal law. In cases in which the two laws conflict, the law most beneficial to the employee prevails. Therefore, it is essential that employers understand both the state and federal laws.
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170443news.aspxNews How to Avoid Misclassifying Unpaid Interns this Summer - and All Year Long 05/23/2023National
170439news.aspxNews Making Peace with Piece-Rate Pay 05/09/2023National
170290index.aspxGuidance Interns, Volunteers, and Employees: Avoid the Costly Pitfalls 10/30/2020National
170281index.aspxGuidance Critical FLSA Update: Recent Legal Changes That Will Affect Your Company (8/2020) 08/31/2020National
170282index.aspxGuidance Wage and Hour Audits: Top Risk Areas for Employers (8/2020) 08/31/2020National
170277index.aspxGuidance Pandemic Planning: Wage and Hour Issues (7/2020) 07/31/2020National
170259index.aspxGuidance Wage and Hour Reimbursement Issues: Practical Impact of DOL's Final Rule on Regular Rate of Pay (4/2020) 05/12/2020National
170241index.aspxGuidance Wages, Leave, and Disability: Stay Compliant Under FMLA, USERRA, and Other Protected Leaves (7/2019) 02/13/2020National
169403tools.aspxPolicies Employee Status/Classification 03/10/2017National
160522tools.aspxChecklists Employee Classification Checklist 02/20/2017National
169368tools.aspxChecklists Fair Labor Standards Act Checklist 02/20/2017National
169371tools.aspxForms FLSA Wage & Hour Self-Audit Guide 02/20/2017National
168989index.aspxQuestions & Answers How can an employer minimize liability for back pay claims when conducting an FLSA classification audit? 06/22/2016National
167330index.aspxQuestions & Answers Are police personnel exempt, i.e. chief asst. chief, captain? 01/07/2013National
167187index.aspxQuestions & Answers Can we pay volunteers a small stipend or would that make them employees? 09/10/2012National
167163index.aspxQuestions & Answers Does an employer have to give employees advance notice of a furlough? 08/27/2012National
166854index.aspxQuestions & Answers Some employees organized a team for a charity event. They are using the company name for their team. Do we need to pay them for this activity? 01/23/2012National
166332index.aspxQuestions & Answers An employee left work early and wants to make up the time next week. Do we have to pay overtime for extra hours over 40 in the week when she makes up the time? 06/17/2011National
166331index.aspxQuestions & Answers Can non-exempt employees be required to work 50 hours a week (as long as overtime requirements are met)? 06/17/2011National
160961index.aspxQuestions & Answers An exempt employee wishes to earn extra money by working part-time in a nonexempt job for us. If she works over 40 hours altogether, do we owe overtime? 06/14/2011National
160870tools.aspxChecklists Checklist for Unpaid Internship Programs 05/04/2011National
160629index.aspxQuestions & Answers When our facility is closed in bad weather, what are the PTO and Pay rules? 02/17/2011National
160403index.aspxQuestions & Answers An employee wants to do cleaning services in addition to his regular duties. We would pay a flat rate per day and he would waive overtime. Is this allowed? 01/06/2011National
160137index.aspxQuestions & Answers We have a time clock system that automatically deducts lunch hours from only one department. Is this legal? 11/12/2010National
160084index.aspxQuestions & Answers How long do employees have to make over $100K to be eligible for the highly compensated exemption? 10/08/2010National
160043index.aspxQuestions & Answers If we have an emergency closing, how do we pay exempt employees? Hourly employees? 09/07/2010National
160041index.aspxQuestions & Answers Can a profit organization use a volunteer? Are there any legal issues with this? 09/03/2010National
159907index.aspxQuestions & Answers We have an exempt employee that leaves 2 hours early every day and does not put in 40 hours a week. Can we deduct this time from his PTO bank? 08/10/2010National
159581index.aspxQuestions & Answers We are getting ready for an event with a "partner". The organization has asked if they can ask our employees to volunteer, yet say they're volunteering for our partnering organization. Would this be considered volunteering or working? 06/04/2010National
159508index.aspxQuestions & Answers When assigning a job title, if a non-exempt employee is directing or giving instructions to other co-workers in the same department, would we give them a title of Supervisor or Lead? 04/26/2010National
156449index.aspxAnalysis Fair Labor Standards Act (FLSA) 03/04/2009National
156301index.aspxQuestions & Answers What are the rules regarding sharing tips between hourly employees and managers? 12/01/2008National
156184index.aspxQuestions & Answers We are converting two salaried employees to an hourly basis. Their base compensation remains the same. Other than monitoring their hours is there anything else we are required to do from an employee labor law standpoint to make this adjustment? 08/29/2008National
155326index.aspxQuestions & Answers Under FLSA, is a beauty salon considered to be an exempt enterprise as a service establishment? 09/26/2006National
155023index.aspxQuestions & Answers What is the definition of "workweek" under the Fair Labor Standards Act (FLSA)? 04/04/2006National
154924index.aspxQuestions & Answers Which rules must an employer follow when federal and state wage and hour laws conflict? 01/10/2006National
154893index.aspxQuestions & Answers If we determine that employees who are currently classified as exempt are actually nonexempt, are we liable for any overtime that they worked when classified as exempt? 12/13/2005National
154041index.aspxQuestions & Answers We would like to hire a summer intern. The person has earned an undergraduate degree and is currently working on an MBA. Can we pay them salary and make them an exempt status, or do we have to pay them over time? 04/22/2005National
154036index.aspxQuestions & Answers What is the difference between hourly and Salary Non-Exempt. Also can a salary non-exempt employee not be paid overtime until they have worked in excess of 50 hours? 04/11/2005National
153963index.aspxQuestions & Answers Does an employer have to pay at least minimum wage to an employee who does inside sales and is on straight commission? 02/03/2005National
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