Fair Labor Standards Act (FLSA)

What is the Fair Labor Standards Act (FLSA)?

The Fair Labor Standards Act (FLSA) is a landmark law protecting employees’ rights in the United States that went into effect during the Great Depression. The FLSA establishes a national minimum wage, guarantees overtime pay in certain jobs, and set standards for employee pay.

Your rights under the Fair Labor Standards Act (FLSA)

Minimum wage - the federal minimum wage is $7.25 per hour effective July 24, 2009. Many states also have minimum wage laws. When an employee is subject to both state and federal minimum wage laws, the employee is entitled to the higher minimum wage.

Hours worked - the FLSA defines what "hours worked" are compensable work time. Hours worked typically include all the time when an employee is required to be on the employer’s premises, on duty, or at a workplace. The FLSA sets the standard workweek at 40 hours.

Overtime Pay - the FLSA requires that covered non-exempt employees must receive overtime pay for hours worked over 40 per workweek at a rate not less than one and one-half times their regular rates of pay for the overtime hours.

Employee Classification - the FLSA distinguishes an employee from an independent contractor, as well as exempt employees from non-exempt employees. A non-exempt employee is entitled to FLSA rights such as minimum wage and overtime.

Tips & Gratuities - the FLSA allows employers to apply employees’ tip earnings toward their minimum wage obligations, provided they pay tipped employees a cash wage of at least $2.13 an hour and they notify the employees of the tip arrangement. Any cost difference between the combined tip pay and the federal minimum wage must be covered by the employer.

Questions about the Fair Labor Standards Act (FLSA)?

Think your employer has violated the FLSA? Free and confidential evaluations are available with our employment attorneys by calling (866) 981-4800 or by filling out the form to the right.

Eric Gibbs

Dylan Hughes

Matthew George

Why Girard Gibbs LLP?

Girard Gibbs is a national litigation firm representing consumers, investors, employees, and small businesses in cases involving consumer protection, personal injury, securities, antitrust, and employment laws. The firm’s senior partners, Daniel Girard and Eric Gibbs, have been selected for inclusion in The Best Lawyers in America® 2012 and Northern California Super Lawyers, and have earned AV-Preeminent ratings from Martindale-Hubbell, recognizing them in the highest class of attorneys for professional ethics and legal skills.