The Fair Labor Standards Act (FLSA)
Do you know your rights under the FLSA?
The Fair Labor Standards Act (FLSA) was signed into law in 1938, establishing federal wage and hour laws in the United States. The FLSA sets the standard workweek at 40 hours, sets the minimum wage at $7.25 per hour, and requires that workers be paid overtime for hours worked beyond 40 in a workweek.
Hours Worked
The FLSA defines what "hours worked" are compensable work time. For example, the FLSA has been used to determine whether time spent in pre shift and/or post shift tasks, such as changing in and out of protective gear (“donning and doffing”), are compensable.
Learn more about pre and post shift duties.
Overtime
The FLSA requires that all non-exempt employees receive overtime pay for any time worked above 40 hours per week at a rate of at least one and a half times the "regular rate of pay." The FLSA details a list of exemptions from this overtime requirement.
Learn more about state and federal overtime laws.
Learn more about exempt v. non-exempt.
Employment Relationship
The FLSA distinguishes an “employment relationship” from a contractual working agreement. This distinction is used in determining whether or not an employee is correctly classified as an independent contractor.
Learn more about independent contractors.
Tips
Under the FLSA, employers may apply tip earnings toward the balance of their minimum wage obligation, 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 monetary difference between the combined tip credit and the federal minimum wage must be covered by the employer.
Learn more about state and federal laws relating to tipped employees.
What can I do if I believe my employer violated the FLSA?
If you believe your employer violated the FLSA, or if you would like to learn more about your rights under the FLSA, please call us toll-free at (866) 981-4800 for a free consultation, or fill out the form on the right to speak to a labor and employment attorney.
Important Note: This summary is intended to provide a basic overview of the typical types of employment cases handled by our firm. It is for informational purposes only and does not constitute legal advice.
Why Girard Gibbs LLP?
Girard Gibbs is a national litigation firm specializing in securities litigation, consumer class actions and complex business litigation. Girard Gibbs' managing partner Daniel Girard was voted one of Northern California's Super Lawyers in 2007, 2008, and 2009 by Law & Politics, recognizing him as one of the top 5-percent of attorneys practicing in Northern California.


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FOR MORE INFORMATION ABOUT THE EMPLOYMENT & LABOR LAW PRACTICE AT GIRARD GIBBS:
- Employment & Labor Law Overview
- The Fair Labor Standards Act
- California Labor Law
- Overtime Pay Overview
- Overtime and the FLSA
- California Overtime Pay
- Exempt v. Non-Exempt
- Minimum Wage Overview
- Federal Minimum Wage
- California Minimum Wage
- Independent Contractors
- The Federal Warn Act
- The California Warn Act
- The Illinois Warn Act
- The New Jersey Warn Act
- The New York Warn Act
- Wage and Hour
- Off the Clock Work
- Donning and Doffing
- Tipped Employees
- Farmworker Rights
- Breaks and Meal Periods
- Prompt Payment at Termination
- Itemized Pay Stubs
- Employment Discrimination
- California Vacation Law

