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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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151688index.aspxQuestions & Answers A supervisor in our division is having some difficulties with project managers meeting deadlines. He has proposed that employees can forfeit their pay until the work is done. What would be the possible implications under FLSA?  National
151682index.aspxQuestions & Answers All our potential employees recieve 1 week of training (considered 'voluntary') before they start earning commission. My question is: do we need to compensate at least min. wage for the 'training' time?  National
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?  National
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?  National
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?  National
167330index.aspxQuestions & Answers Are police personnel exempt, i.e. chief asst. chief, captain?  National
151680index.aspxQuestions & Answers Are there any wage & hour laws governing an employee working more than one job?  National
160041index.aspxQuestions & Answers Can a profit organization use a volunteer? Are there any legal issues with this?  National
151692index.aspxQuestions & Answers Can an employer who was closed due to the blackout require exempt employees to use a vacation day to get paid for the day.  National
166331index.aspxQuestions & Answers Can non-exempt employees be required to work 50 hours a week (as long as overtime requirements are met)?  National
167187index.aspxQuestions & Answers Can we pay volunteers a small stipend or would that make them employees?  National
160870tools.aspxChecklists Checklist for Unpaid Internship Programs  National
151691index.aspxQuestions & Answers Do we have to allow additional time paid for employees to put on gowns and remove them?  National
167163index.aspxQuestions & Answers Does an employer have to give employees advance notice of a furlough?  National
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?  National
153545index.aspxQuestions & Answers Does the Fair Labor Standards Act (FLSA) require employers to pay for holidays and vacations?  National
160522tools.aspxChecklists Employee Classification Checklist  National
169403tools.aspxPolicies Employee Status/Classification  National
156449index.aspxAnalysis Fair Labor Standards Act (FLSA)  National
169368tools.aspxChecklists Fair Labor Standards Act Checklist  National
153763tools.aspxPolicies Flowchart of Overtime Exemption Rules Under FLSA  National
169371tools.aspxForms FLSA Wage & Hour Self-Audit Guide  National
168989index.aspxQuestions & Answers How can an employer minimize liability for back pay claims when conducting an FLSA classification audit?  National
160084index.aspxQuestions & Answers How long do employees have to make over $100K to be eligible for the highly compensated exemption?  National
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?  National
160043index.aspxQuestions & Answers If we have an emergency closing, how do we pay exempt employees? Hourly employees?  National
153951index.aspxQuestions & Answers In a telemarketing operation, is it permissible to make/request telemarketers to stay after their shift until their quota has been made?  National
151687index.aspxQuestions & Answers In the State of Texas is there any way a person could be classified as a salary non-exempt, but not be paid overtime until working over 44 hours in a week?  National
151677index.aspxQuestions & Answers My company is exploring "reduced work week scenarios to help us reduce overhead cost during a slow period Do you have any information on how to implement something like this?  National
151685index.aspxQuestions & Answers My question is regarding Travel and compensable hours of work. I am unsure about hours being considered working hours and compensable and others not compensable.  National
151683index.aspxQuestions & Answers Since our employees will only be working 90% of the standard 40 hour workweek, can their salary be reduced by 10% without negating their FLSA exemption status.  National
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?  National
155326index.aspxQuestions & Answers Under FLSA, is a beauty salon considered to be an exempt enterprise as a service establishment?  National
151684index.aspxQuestions & Answers Under the FLSA, does it state anywhere that exempt employees have any flexibility with their positions?  National
170259index.aspxGuidance Wage and Hour Reimbursement Issues: Practical Impact of DOL's Final Rule on Regular Rate of Pay (4/2020)  National
170241index.aspxGuidance Wages, Leave, and Disability: Stay Compliant Under FMLA, USERRA, and Other Protected Leaves (7/2019)  National
151686index.aspxQuestions & Answers We allow our employees to drink, eat and smoke at their machines, as there is ample time between each part to do. So can we illiminate the 10 minute breaks and not be breaking the law?  National
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?  National
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?  National
160137index.aspxQuestions & Answers We have a time clock system that automatically deducts lunch hours from only one department. Is this legal?  National
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