What is the FLSA?
The Fair Labor Standards Act of 1938 is a federal law that regulates various aspects of employment law such as minimum wages, child labor standards and overtime pay provisions. The overtime pay provisions of the law establish standard criteria (tests) that employers must use to determine which jobs in their organization are covered (exempt) from overtime pay provisions. These tests concentrate on the responsibilities and duties assigned by the employer to the job. Personal qualifications, job titles and hours worked have no bearing on whether the job can meet the test and be considered ineligible for overtime. The United States Department of Labor (DOL) assumes that all jobs in an organization are eligible for overtime unless proven by the employer (by use of tests) to be exempt. Failure to comply with the FLSA is punishable by substantial fines and ongoing audits by the DOL. At the University of St. Thomas, those jobs that can pass an exemption test are classified as salaried. Those t
Employees are due overtime pay for working more than 40 hours per week in most situations. The federal law that requires this is the Fair Labor Standards Act (FLSA), which begins at 29 U.S.C. ยง201. Overtime generally means earning additional pay for time beyond a statutory minimum. Under the FLSA, this means over 40 hours in one workweek. The FLSA requires employers to pay minimum wage and overtime. Employers must follow the Act unless an exemption applies. Most nurses and other hourly healthcare employees are not exempt from the FLSA. This means that the employer must pay them for all time they actually work. For further information on the FLSA, see www.overtimepaylaw.us.
The FLSA is the Fair Labor Standards Act. It is the federal law that governs payment of the minimum wage and payments for overtime. This is the law that requires is that most employees must be paid time and one-half for all “hours worked” over 40 hours in a work week (a defined 7-day period), unless they fall into one of several exemptions from the overtime pay requirement.
The Fair Labor Standards Act or FLSA is the federal labor law that provides for overtime wages. It also has provisions on the minimum wage, Equal Pay Act, child labor restrictions, and a variety of other federal labor and employment sections. A key provision of FLSA is that most employees must be paid time and a half for all overtime hours worked.
