Business & Workplace Regulations»
About the Fair Labor Standards Act
by Nicole Long
Potential employees at a job fair in Portland, Oregon, in December 2011 are protected by the Fair Labor Standards Act.
Natalie Behring/Getty Images News/Getty Images
1 Comply With Fair Employment Laws
2 The Law That Regulates Child Labor
3 Minimum Wage Compliance for Employers
4 Labor Laws for 18-Year-Olds Still in High School
The Fair Labor Standards Act establishes minimum wage, overtime pay, record keeping and youth employment standards. The enforcement of the FLSA lies with the Wage and Hour Division of the Department of Labor; it oversees all aspects of the FLSA that affect full- and part-time workers in the public and private sectors. Enacted in 1938, the act works to ensure fair and adequate wages for workers. It also sets the standards for youth employment and regulates the industries in which those under 16 can work.
The Fair Labor Standards Act sets the minimum wage, $7.25 an hour as of July 24, 2009, current as of the date of publication in April 2012. This sets the lowest hourly wage that can be paid to a worker.
Overtime must be paid at a rate of at least 1.5 times the regular hourly rate of pay. Overtime is considered any hours worked in excess of 40 in one week.
Employers are required to keep accurate and detailed records on all employees. Personal information that includes name, address, occupation, gender and date of birth are required. There must also be accurate records containing wages, hours and overtime information. This includes regular hourly rate and any overtime rates paid to the employee. Records should also include daily or weekly earnings, date paid and pay period covered.
Youth Standards
The Fair Labor Standards Act is also tasked with protecting young workers. It was designed to protect the educational opportunities of minors and to restrict work in hazardous environments for those under the age of 16. According to the Department of Labor, youths under the age of 20 can be paid the youth minimum wage, which is $4.25 an hour, but only for the first 90 calendar days of employment, as long as it is not prohibited by state or local laws.
The FLSA does not regulate vacation, sick or holiday pay. Pay raises, benefits and severance pay are also excluded from jurisdiction of the FLSA.
Any complaints of violations of the Fair Labor Standards Act are investigated, and findings are reported by investigators with the Wage and Hour Division. It is a violation to discriminate against or fire an employee who makes a complaint, and it is classified as a criminal offense that carries fines up to $10,000. A repeat violation can lead to imprisonment.
Employers found to have willfully violated the minimum wage or overtime provisions can be fined up to $1,100 per violation. Those found violating the youth provisions can receive a civil fine up to $11,000.
United States Department of Labor: Fair Labor Standards Act
Nicole Long is a freelance writer based in Cincinnati, Ohio. With experience in management and customer service, business is a primary focus of her writing. Long also has education and experience in the fields of sports medicine, first aid and coaching. She earned her Bachelor of Arts degree in economics from the University of Cincinnati.
Long, Nicole. "About the Fair Labor Standards Act." Small Business - Chron.com, http://smallbusiness.chron.com/fair-labor-standards-act-43334.html. Accessed 21 January 2020.
Long, Nicole. (n.d.). About the Fair Labor Standards Act. Small Business - Chron.com. Retrieved from http://smallbusiness.chron.com/fair-labor-standards-act-43334.html
Long, Nicole. "About the Fair Labor Standards Act" accessed January 21, 2020. http://smallbusiness.chron.com/fair-labor-standards-act-43334.html
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