The U.S. Department of Labor (DOL) administers and enforces more
than 180 federal laws. These mandates and the regulations that implement them
cover many workplace activities for about 10 million employers and 125 million
workers. Many of DOL's principal statutes are most
commonly applicable to businesses, job seekers, workers, retirees,
contractors and grantees. The DOL website offers brief summaries intended to acquaint
you with the major labor laws.
www.dol.gov . For authoritative information and references to fuller descriptions on
these laws, you should consult the statutes and regulations themselves.
The Fair Labor Standards Act (FLSA) prescribes standards
for wages and overtime pay, which affect most private and public employment.
The act is administered by the Wage and Hour
Division of the Employment Standards Administration
(ESA). It requires employers to pay covered employees who are not otherwise
exempt at least the federal minimum wage and overtime pay of
one-and-one-half-times the regular rate of pay.
For nonagricultural operations,
it restricts the hours that children under age 16 can work and forbids the
employment of children under age 18 in certain jobs deemed too dangerous. For
agricultural operations, it prohibits the employment of children under age 16
during school hours and in certain jobs deemed too dangerous.
The Wage and Hour Division also enforces the labor standards provisions
of the Immigration and Nationality Act (INA) that apply to aliens authorized to work
in the U.S. under certain nonimmigrant visa programs (H-1B, H-1B1, H-1C,
H2A).
Overview
The FLSA establishes minimum wage, overtime pay, recordkeeping, and youth
employment standards affecting employees in the private sector and in Federal,
State, and local governments. Covered nonexempt workers are entitled to
a minimum wage of not less than $7.25 per hour effective July 24, 2009. Overtime pay at a rate not less
than one and one-half times the regular rate of pay is required after 40
hours of work in a workweek.
- FLSA Minimum Wage: The federal
minimum wage is $7.25 per hour effective July 24, 2009. Many states also have minimum wage laws.
In cases where an employee is subject to both state and federal minimum
wage laws, the employee is entitled to the higher minimum wage.
- FLSA Overtime:
Covered nonexempt employees must receive overtime pay for hours worked
over 40 per workweek (any fixed and regularly recurring period of 168
hours — seven consecutive 24-hour periods) at a rate not less than one
and one-half times the regular rate of pay. There is no limit on the
number of hours employees 16 years or older may work in any workweek.
The FLSA does not require overtime pay for work on weekends, holidays,
or regular days of rest, unless overtime is worked on such days.
- Hours Worked
(PDF): Hours worked ordinarily include all the time during which an
employee is required to be on the employer’s premises, on duty, or at a
prescribed workplace.
- Recordkeeping
(PDF): Employers must display an official poster outlining the
requirements of the FLSA. Employers must also keep employee time and
pay records.
- Youth Employment:
These provisions 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.