The FLSA & You
The Fair Labor Standards Act (FLSA) is a federal law that sets standards for minimum wage, overtime pay, and child labor. It is administered and enforced by the U.S. Department of Labor (DOL) and applies to ALL employees, regardless of immigration status.
One of the most important provisions of the FLSA is the requirement for employers to pay their employees at least the federal minimum wage, which is currently $7.25 per hour (NYC minimum wage is currently $15.00 per hour). Employers must also pay eligible employees time-and-a-half for any hours worked over 40 in a workweek.
Another important provision of the FLSA is the prohibition of child labor. The law sets strict standards for the employment of workers under the age of 18, including restrictions on the types of work that can be performed and the number of hours that can be worked.
The FLSA also includes provisions for recordkeeping and reporting, which require employers to keep accurate records of the hours worked and wages paid to their employees. These records must be made available to the DOL for inspection and investigation and are an employer’s first line of defense in a wage and hour lawsuit.
It is important to note that certain employees are exempt from the FLSA's minimum wage and overtime pay requirements, including executive, administrative, and professional employees. However, the definitions of these exemptions are narrowly construed, and employers must meet specific requirements to qualify for them.
In addition to federal law, many states and municipalities have their own labor standards that may provide additional protections for workers. Employers must comply with both federal and state laws in all 50 states.
If you are an employer, it is important to understand your obligations under the FLSA and to ensure that you are in compliance with the law. If you are an employee and believe that your rights under the FLSA have been violated, you should contact an experienced labor and employment attorney to discuss your options.
It is also important to note that the FLSA is one of the most litigated laws - it is important to have a good understanding of the law and to comply with it to avoid any legal disputes.
At Gen Esq Law, we can help you understand your rights and obligations under the FLSA and advise you on compliance with the law. We also represent employees who have been wronged by their employers and can help them pursue legal action to enforce their rights under the FLSA.
Contact us today to schedule a consultation!
