The Fair Labor Standards Act: The Most Commonly Asked Questions

The Fair Labor Standards Act (FSLA) was introduced in 1938, establishing protection for workers in regards to their labor requirements, with things such as the 40-hour hour workweek, a national minimum wage, and guaranteed time and a half overtime pay.

While it may be pretty straightforward, there are many commonly asked questions with the FSLA, especially when it comes to wages and overtime. Here are just a few of the most frequently asked questions and their answers:

What is the current minimum wage? Effective on July 24, 2009, the federal minimum wage was set at $7.25 per hour. However, certain states have their own minimum wage. For example, here in Illinois, the state minimum wage is $8.25 per hour, which became effective on January 1, 2014.

Are pay raises required? The FSLA does not require that an employer provide you with a pay increase, making it a matter of an agreement between you and your employer.

Is it a requirement that an employee receives holiday, sick, or vacation pay? Much like with pay raises, the FSLA does not require that an employer pays their employee for any of these days not worked, and is a matter of an agreement between you and your employer.

Who receives overtime pay? The FSLA requires that an employee is paid time and a half for any hours worked over 40 hours in a week, but only if the employee is considered non-exempt.

Is an employer required to pay extra pay for any work performed on the weekend or at night? While the FSLA does not require that employees be paid extra for work performed on the weekends or at night, they do, however, require that an employee is paid overtime for this time, if they worked more than 40 hours that week.

Maduff & Maduff are employment attorneys who specialize in wage theft and overtime, as well as discrimination and civil rights cases. Contact us if you are experiencing any wage or overtime issues, or have a concern with your employment rights.