Understanding The FLSA

The Fair Labor Standards Act (FLSA) was passed in 1938 in order to establish a national minimum wage, guaranteed overtime to qualified employees, the 40-hour workweek, as well as prevent the employment of minors in “oppressive child labor”.

Not only does the FLSA require that an employer pay their employees minimum wage, but they must also pay their employees overtime, which has been determined to be time and a half, for any hours worked over their typical 40-hour workweek.

However, the FLSA does not require employers to do things such as pay their employees for any time off, compensation for any meal or rest breaks, or pay employees premium payments for working weekends or holidays. The FLSA also does not require that employers provide pay increases or fringe benefits, as well as it does not require that an employer provides an employee a notice of or reason for discharge.

Not every employee is automatically protected under the FLSA. Since there are exemptions under the FLSA, it is critical to understand what type of employee you are considered: exempt or non-exempt. In the event that an employee is considered exempt, they will not meet the requirements, often including minimum wage and overtime. Here are examples of the types of employees that are typically considered exempt from the FLSA provisions:

  • Independent Contractors
  • Volunteers
  • Seasonal and Recreational Employees
  • Commissioned Sales Employees
  • Professional, Administrative, and Executive Employees
  • Certain Computer Professionals
  • Ministerial Employees

If you determine that you are a non-exempt employee, and you feel that your FLSA rights have been violated or you need help understanding the FLSA regulations, contact an employment attorney as soon as possible. The attorneys at Maduff & Maduff are dedicated to ensuring that you are getting the employee rights you deserve.