Handy Reference Guide to the Fair Labor Standards Act | U.S. Department of Labor

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The federal minimum wage is the lowest legal hourly pay for many workers. Share This Page:. A space temporarily created or converted into a space for expressing milk or made available when needed by the nursing mother is sufficient provided that the space is shielded from view, and free from any intrusion from co-workers and the public. Please enable JavaScript in your web browser; otherwise some parts of this site might not work properly. The equal pay provisions of the FLSA prohibit sex-based wage differentials between men and women employed in the same establishment who perform jobs that require equal skill, effort, and responsibility and which are performed under similar working conditions. Generally, the regular rate includes all payments made by the employer to or on behalf of the employee except for certain statutory exclusions. The piece rate must be the one actually paid during nonovertime hours and must be enough to yield at least the minimum wage per hour.
 
 

 

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Federal government websites often end in. The site is secure. For best printout, see the PDF version. Revised September The Fair Labor Standards Act FLSA establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments. Congress for covered employees of the Legislative Branch. Special rules apply to State and local government employment involving fire protection and law enforcement activities, volunteer services, and compensatory time off instead of cash overtime pay.

Nonexempt workers must be paid overtime pay at a rate of not less than one and one-half times their regular rates of pay after 40 hours of work in a workweek. Wages required by the FLSA are due on the regular jobs usa gov federal jobs near messed for the pay period covered.

Deductions made from wages for such items as cash or merchandise shortages, employer-required uniforms, and tools of the trade, are not legal to the extent that they reduce the wages of employees below the minimum rate required by the FLSA or reduce the amount of overtime pay due under the FLSA.

The FLSA contains some exemptions from these basic standards. Some apply to specific types of businesses; others apply to specific kinds of work. While the FLSA does set basic minimum wage and overtime pay standards and regulates the employment of minors, there are a number of employment practices which the FLSA does not regulate. However, some States do have laws under which such claims sometimes including fringe benefits may be filed.

Also, the FLSA does not limit the number of hours in a day or days in a week an employee продолжить чтение be required or scheduled to work, including overtime hours, if the employee is at least 16 years old.

The above matters are for agreement between the employer and the employees or their authorized representatives. All employees of certain enterprises having workers engaged in interstate commerce, producing goods for interstate commerce, or handling, selling, or otherwise working on goods or materials that have been moved in or produced for such commerce by any person, are covered by the FLSA.

A covered enterprise is the related activities перейти на источник through unified operation or common control by any person or persons for a common business purpose and —.

Employees of firms which are not covered enterprises under the FLSA still may be subject to its minimum wage, overtime pay, recordkeeping, and child labor provisions if they are individually engaged in interstate commerce or in the production of goods for interstate commerce, or in any closely-related process or occupation directly essential to such production.

Such employees include those who: work in communications or transportation; regularly use the mails, telephones, or telegraph for interstate communication, or keep records of interstate transactions; handle, ship, or receive goods moving in interstate commerce; regularly cross State lines in the course of employment; or work for independent employers who contract to do clerical, custodial, maintenance, or other work for firms engaged in interstate commerce or in the production of goods for interstate commerce.

Domestic service workers such as day workers, housekeepers, chauffeurs, cooks, or full-time babysitters are covered if:. The employer who elects to use the tip credit provision must inform the employee in advance and must be able to show that the employee receives at least the applicable minimum wage see above when direct wages and the tip credit allowance are combined.

Also, jobs usa gov federal jobs near messed must retain all of their tips, except to the extent that they participate in a valid tip pooling or sharing arrangement. Restrictions apply in the manufacture of knitted outerwear, gloves and mittens, buttons and buckles, handkerchiefs, embroideries, and jewelry where safety and health hazards are not involved.

If you have questions on whether a certain jobs usa gov federal jobs near messed of work is restricted, or who is eligible for a homework certificate, or how to obtain a certificate, you may contact the local WHD office. The FLSA provides for the employment of certain individuals at wage rates below the statutory minimum.

Such individuals include student-learners vocational education studentsas well as full-time students in retail or service establishments, agriculture, or institutions of higher education. Also included are individuals whose earning or productive capacity is impaired by a physical or mental disability, including those related to age or injury, for the work to be performed.

Employment at less than the minimum wage is authorized to prevent curtailment of opportunities for employment. Such employment is permitted only under certificates issued by Jobs usa gov federal jobs near messed. Employers are prohi-bited from taking any action to displace employees in order to hire employees at the youth minimum wage. Some employees are exempt from the overtime jobs usa gov federal jobs near messed provisions or both the minimum wage and overtime pay provisions.

Because exemptions are generally narrowly по этой ссылке under the FLSA, an employer should carefully check the exact terms and conditions for each. Detailed information is available from local WHD offices. Following are examples of exemptions which are illustrative, but not all-inclusive.

These examples do not define the conditions for each exemption. The FLSA 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 больше информации. The provisions include restrictions on hours of jobs usa gov federal jobs near messed for minors under 16 and lists of hazardous occupations orders for both farm and non-farm jobs declared by the Secretary of Labor to be too dangerous for minors to perform.

Regulations governing child labor in non-farm jobs differ somewhat from those pertaining to agricultural employment. In non-farm work, the permissible jobs and hours of work, by age, are as usa federal jobs overseas education degree. Fourteen is the minimum age for most non-farm work.

However, at any age, minors may deliver newspapers; perform in radio, television, movie, or theatrical productions; work for parents in their solely-owned non-farm business except in mining, manufacturing or on hazardous jobs ; or gather evergreens and make evergreen wreaths.

Minors of any age may be employed by their parents in any occupation on a farm owned or operated by their parents. Most of the information is of the kind generally maintained by employers in ordinary business practice jobs usa gov federal jobs near messed in compliance with other laws and regulations.

The records do jobs usa gov federal jobs near messed have to be kept in any particular form and time clocks need not be used. With respect to an employee subject to the minimum wage provisions or both the minimum wage and overtime pay provisions, the following records must be kept:.

Records required for exempt employees differ from those for nonexempt workers. Special information is required for homeworkers, for employees working under uncommon pay arrangements, for employees to whom lodging or other facilities are furnished, and for employees receiving remedial education. Employers are also required to provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.

Employers are required to provide a reasonable amount of break time to express milk as frequently as needed by the nursing mother. The frequency of breaks needed to express milk as well as the duration of each break will likely vary.

A bathroom, even if private, is not a permissible location under the Act. The location provided must be functional as a space for expressing breast milk. A space temporarily created or converted into pathways recent graduates24 cvs covid 19 space for expressing milk or made available when needed by the nursing mother is sufficient provided that the space is shielded from view, and free from any intrusion from co-workers and the public.

While employers are not required under the FLSA to provide breaks to nursing mothers who are exempt from the overtime pay requirements of Section 7, they may be obligated to provide such breaks under State laws. Employers with fewer than 50 employees are not subject to the FLSA break time requirement if compliance with the provision would impose an undue hardship.

All employees who work for the covered employer, regardless of work site, are counted when determining whether this exemption may apply. Employers are not required under the FLSA to compensate nursing mothers for breaks taken for the purpose of expressing milk. However, where employers already provide compensated breaks, an employee who uses that break time to express milk must be compensated in the same way that other employees are compensated for break time.

Workweek – A workweek is a period of hours during 7 consecutive hour periods. It may begin on any day of the week and at any hour of the day established by the employer. Generally, for нажмите для деталей of minimum wage and overtime payment, each workweek stands alone; there can be no averaging of 2 or more workweeks.

Employee coverage, compliance with wage payment requirements, and the application of most exemptions are determined on a workweek basis. Hours Worked – Covered employees must be paid for all hours worked in a workweek.

Also included is any additional time the employee is allowed i. Generally, the regular rate includes all payments made by the employer to or on behalf of the employee except for certain statutory exclusions. The following examples are based on a maximum hour workweek applicable to most covered nonexempt employees.

Hourly rate regular pay rate for an employee paid by the hour – If more than 40 hours are worked, at least one and one-half times the regular rate for each hour over 40 is due. Piece rate – The regular rate of pay for an employee paid on a piecework basis is obtained by jobs usa gov federal jobs near messed the total weekly earnings by the total number of hours worked in that week. The employee is entitled to an additional one-half times this regular rate for each hour over 40, plus the full piecework earnings.

Another way to compensate pieceworkers for overtime, if agreed to before the work is performed, is to pay one and one-half times the piece rate for each piece produced during the overtime hours. The piece rate must be the one actually paid during nonovertime hours and must be enough to yield at least the minimum wage per hour. Salary – The regular rate for an employee paid a salary for a regular or specified number of hours a week is obtained by dividing the salary by the number of hours for jobs usa gov federal jobs near messed the salary is intended to compensate.

The employee is entitled to an additional one-half times this regular rate for each hour over 40, plus the salary. Jobs usa gov federal jobs near messed, under the employment agreement, a salary sufficient to jobs usa gov federal jobs near messed the minimum wage requirement in every workweek is paid as straight time for whatever number of hours are worked in a workweek, the regular rate is obtained by dividing the salary by the number of hours worked each week.

Under this agreement, the regular rate will vary in overtime weeks. If a salary is paid on other than a weekly basis, the weekly pay must be determined in order to compute the regular rate and overtime pay. If the salary is for a half month, it must be multiplied by 24 and the product divided by 52 weeks to get the weekly equivalent.

A monthly salary should be multiplied by jobs usa gov federal jobs near messed and the product divided by Where violations are found, they will recommend changes in employment practices in employment practices to bring an employer into compliance. Generally, a 2-year statute of limitations applies to the recovery of back wages and liquidated damages.

A 3-year statute of limitations applies in cases involving willful violations. Employees who have filed complaints or provided information cannot be discriminated against or discharged on account of such activity. Among these are:. The right to file a comment with the Ombudsman is in addition to any other rights a small entity may have, including the right to contest the assessment of a civil money penalty.

Filing a comment with the Ombudsman neither extends the maximum time period for contesting the assessment of a penalty, nor takes the place of filing the response required to secure an administrative hearing on a penalty.

WHD does not consider filing of a comment with the Ombudsman as a factor in determining how to resolve issues raised during a compliance action. The equal pay provisions of the FLSA prohibit sex-based wage differentials between men and women employed in the same establishment who perform jobs that require equal skill, effort, and responsibility and which are performed under similar working conditions. These provisions, as well as other statutes prohibiting discrimination in employment, jobs usa gov federal jobs near messed enforced by the Equal Employment Opportunity Commission.

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