FLSA Overtime Claims Law


FLSA Wage and Hour Law - Guide to the Fair Labor Standards Act





FLSA Overtime Claim Law Firms
The Fair Labor Standards Act (FLSA) is the federal law which sets the basic minimum wage, defines the 40 hour workweek, establishes standards for overtime pay at time-and-a-half, and restricts or disallows most child labor. It has been amended several times since its enactment in 1938. One amendment with much impact is the Equal Pay amendment, which established that male and female workers must receive equal pay for work that requires equal responsibility, skill and effort.

FLSA covers full-time and part-time employees, and private employers as well as many government organizations, such as state and local hospitals and educational institutions. However, only employers who are engaged in interstate commerce or whose annual sales total at least $500,000 must comply with this law. The interstate commerce restriction actually includes a very large number of companies. Small farms, most outside salespeople, many white-collar workers, and various other miscellaneous workers are exempt from the FSLA and this law does not apply to volunteers and independent contractors. Although exempt employees are not entitled to overtime pay and the like, legally their pay may not be cut for tardiness or temporary absences during part of the work day. Exempt employees must meet specific requirements to be identified as such.

The FLSA does not address or regulate the following: sick leave or pay; severance; vacation pay or time; breaks or meal periods; holidays off; extra pay for weekend or holiday work; pay raises; employee benefits; notices of termination; final payment to fired employees; W-2’s; and paystubs. However, some states have their own laws that address these issues.

Employees may recover lost wages and other damages under the FLSA against private or public employers in either federal or state court. Nationwide, the number of these types of lawsuits has been rising. Many employees have been denied overtime pay that they were not aware they were legally entitled to. Other employers may be guilty of violating child labor laws, not meeting the minimum wage requirements or erroneously classifying employees as independent contractors. All of these situations represent the practice area of FLSA law, also known as wage-and-hour law.

To consult State Legislation regarding FLSA please visit our Department of Labor by State page. Visit us at Google+ Copyright HG.org

FLSA Overtime Claims Law - US

  • ABA - Federal Labor Standards Legislation

    This committee has jurisdiction over certain statutes administered, or formerly administered, by the United States Department of Labor. The subcommittees work in the areas of: Age Discrimination in Employment Act; Equal Pay Act; Fair Labor Standards Act; Family Medical Leave Act; Davis-Bacon, Walsh-Healy, and Service Contract Acts; Worker Adjustment and Retaining Notification Act; and the Employee Polygraph Protection Act of 1988.

  • Complying with the Fair Labor Standards Act

    The U.S. Department of Labor is responsible for a wide range of rules and regulations that affect both employers and employees all across the country. Various laws have been instituted over the years, including the Fair Labor Standards Act (FLSA), passed by Congress in 1938. The main objective of the act was to eliminate “labor conditions detrimental to the maintenance of the minimum standards of living necessary for health, efficiency, and well-being of workers.”

  • Department of Labor - Fair Labor Standards Act (FLSA)

    The Fair Labor Standards Act (FLSA), which prescribes standards for the basic minimum wage and overtime pay, affects most private and public employment. It requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay. For nonagricultural operations, it restricts the hours that children under age 16 can work and forbids the employment of children under age 18 in certain jobs deemed too dangerous.

  • Employment Law Guide - Minimum Wage and Overtime Pay

    The Fair Labor Standards Act (FLSA) is administered by the Wage and Hour Division (WHD). The Act establishes standards for minimum wages, overtime pay, recordkeeping, and child labor. These standards affect more than 130 million workers, both full‑time and part‑time, in the private and public sectors.

  • Fair Labor Standards Act and Child Labor

    The Fair Labor Standards Act (FLSA) establishes child labor standards (as well as minimum wage, overtime pay, equal pay, whistleblower, and record keeping standards). These standards affect full-time and part-time workers in the private sector and in federal, state, and local governments. The FLSA's child labor provisions are designed to protect the educational opportunities of minors and prohibit their employment in jobs and under conditions detrimental to their health or well-being.

  • Federal Employees and the Fair Labor Standards Act (FLSA)

    These pages summarize the Fair Labor Standards Act (FLSA) and how the U.S. Office of Personnel Management applies it to current and former employees of the United States Federal Government. For convenience, the phrase "current and former employees of the United States Federal Government" may be shortened to "Federal employees." Throughout these pages, "you" refers to a Federal employee and "we" or "us" refers to the U.S. Office of Personnel Management.

  • Youth Rules

    Federal child labor rules are established by the Fair Labor Standards Act (FLSA). This Act establishes minimum wage, overtime pay, recordkeeping, and child labor rules affecting full- and part-time workers in the private sector and in the Federal, state and local governments. The rules vary depending upon the age of the young worker and his or her occupation.

Organizations Related to FLSA Overtime Claims Law

  • About EmployeeIssues.com

    Welcome to EmployeeIssues.com, a free resource for general information about employee rights laws in the United States. EmployeeIssues.com helps employees to help themselves, to better understand their employee rights under the related laws. EmployeeIssues.com has been serving employees since 2003. Although EmployeeIssues.com is targeted primarily to employees, the employee rights law resources it provides are also useful for employers.

  • Employee Rights Advocacy Institute For Law and Policy

    The Institute's mission is to advocate for employee rights by advancing equality and justice in the American workplace. The Institute will achieve its mission through a multi-disciplinary approach in combination with innovative legal strategies, policy development, grassroots advocacy, and public education.

Publications Related to FLSA Overtime Claims Law

  • Employment Law Information Network - News

    This site is designed for lawyers concentrating in employment law and human resource professionals who specialize in employee relations.

  • FLSA - Articles and News - Personnel Policy Service Inc.

    HR Matters newsletter is a quick and easy way for you to stay on top of employment law compliance. This monthly, 8-page 'bottom-line' publication is available by subscription - or - if you subscribe to our manual or CD service, you get it for free.

Articles on HG.org Related to FLSA

  • Are Executive Employees Entitled to Overtime?
    The Fair Labor Standards Act (FLSA) has much to say about employees classified as “executives” and whether or not they are entitled to compensation for overtime hours.
  • On the Clock or Off? – A Compensable Time Compliance Case Study
    One area of employment law that has received considerable attention over the past several years is the area of compensable time rules; meaning, work rules and policies concerning when an employee is, and is not, entitled to pay for activities outside of normal working hours. Employers continue to incur heavy fines
  • Businesses Should Use Caution before Using Unpaid Interns
    Depending upon your type of business, student interns can be a big benefit. They can often provide needed help with research or with developing and implementing new programs, products or services. Beyond whatever assistance an intern may be able to provide, an internship can also provide business people with the sense of satisfaction that comes from helping the intern gain knowledge and learn new skills.
  • Cuomo, Lawmakers Agree on Cyberbullying Bill Requiring School Officials to Respond to Reports
    The bill defines cyberbullying as harassment, insults, taunting and threats through social media. One state Senator has insisted that it is essential to include such criminal charge to prevent the increasing numbers of teen suicides in connection to cyberbullying.
  • California Supreme Court Rules in Brinker Case
    Employers Required to Provide Breaks, but not Required to Ensure no Work is Done - This morning, the California Supreme Court issued its long-awaited decision in the case Brinker Restaurant Corporation v. Superior Court of San Diego County. Employees who worked for Brinker Restaurants, such as Chili’s and Maggiano’s Little Italy, claimed that they were not provided the meal and rest breaks to which they were entitled.
  • Is Off-The-Clock Time for Law Enforcement Employees the Biggest Contradiction in Wage and Hour Law?
    The economic downturn since 2007 has affected many aspects of labor and employment law, including wage and hour matters. Efforts by employers to lower labor costs as one of the means to deal with budget shortfalls have included refusing to grant pay increases in collective bargaining negotiations, minimizing or eliminating overtime, and basically doing everything possible to ‘get more out of existing (or even reduced) staff’ without hiring more employees.
  • Myth Busting – Taking a Closer Look at Malta’s Working Time Regulations
    An outlook on the differences between night work, shift work and overtime in Malta employment law. The Employment and Industrial Relations Act (EIRA), Chapter 452 of the Laws of Malta, is Malta’s primary source of employment legislation. However, employees working in specific economic sectors are regulated by Wages Council Wage Regulation Orders.
  • Overtime Rights of Salaried Workers
    Workers may be entitled to overtime pay even if on salary.
  • California Wage and Hour Law
    One of the employee’s many rights in the workplace is to be paid proper wages for hours of work rendered and the Wage and Hour Division (WHD) of the US Department of Labor is responsible for enforcing federal laws on these rights.
  • Employers’ and Employees’ Guide to California Wage Dispute Lawsuit
    Sometimes, employees may have unreasonable expectations about their salary but more often, when it comes to California wage disputes, problems usually arise when an employer fails to pay minimum wage, overtime pay or would even make unnecessary deductions from the employee’s salary.
  • All Employment and Labor Law Articles

    Articles written by attorneys and experts worldwide discussing legal aspects related to Employment and Labor including: discrimination, employee benefits, employees rights, ERISA, human resources law, labor relations, outsourcing, sexual harassment, whistleblower, workers compensation and wrongful termination.