FLSA stands for Fair Labor Standards Act that establishes minimum wage, overtime pay, record-keeping and child labor laws which affect full time and part time workers.
FLSA covers almost all workplaces. It applies to employers whose annual sales total $500,000, or who are engaged in national commerce. Also, covers overtime for workers. For all hours worked in excess of 40 during each work week, employees will receive overtime at the rate of one and one-half times the employee’s regular rate.
Employers Who Are Exempt from FLSA
Nonexempt positions are considered hourly positions and must receive overtime pay or compensatory time for hours worked over 40 in a workweek. Exempt positions are considered salaried positions and do not normally receive additional compensation for overtime work.
A few employers, including small farms, those that use relatively little external paid labor are explicitly exempt from the FLSA. Some employees are also exempt like airline employees and some companions for the elderly. For employees who are exempt, the downside is that they are generally not entitled to wage extras, such as overtime and compensatory time. But these employees are paid a big salary, enough to compensate for the additional duties they have and responsibilities as part of their job. You must be from the Executive, Administrative or Professional worker category to be in this category of exempt workers, and the work you do must be of a certain type as well.
Other types of workers are exempt from minimum wage and overtime pay provisions for example:
- Seasonal employees
- Workers on small farms
- Personal companions
- Newspaper delivery workers
Officially, domestic workers, housekeepers, child care workers, chauffeurs, gardeners are covered by the FLSA if they are paid at least $1,000 in wages from a single employer in a year, or if they work eight hours or more in a week for one or several employers.
Employers must sensibly determine if each worker is an employee and, if so, whether she’s exempt or non-exempt under the Fair Labor Standards Act. Wrongly classifying a worker as an independent contractor when she’s really an employee may lead to liability for failure to pay her for hours worked.
FLSA covers the following:
- Minimum wage. Minimum wage is $7.25 per hour, some states also have minimum wage laws. In cases where an employee is subject to both municipal and federal minimum wage laws, the employee is entitled to the higher minimum wage.
- Workers must receive overtime pay for hours worked over 40 per workweek, at a rate not less than one and one-half times the regular rate of pay.
- Hours Worked. Hours worked ordinarily includes all the time during which an employee is required to be on the employer’s premises, on duty, or at a prescribed workplace.
- Official poster with FLSA requirements must be placed in the workplace and employers must keep employee time and pay records.
- Child Labor. These requirements 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.
Marc Aaron Goldbach attorney at Goldbach Law Group handles all sorts of employee rights and compensation. If you find your Long Beach, CA employer has violated federal laws, you should contact Long Beach fair labor lawyer immediately. You can also reach us at (562) 696-0582/ (562) 216-8296.