Employer Requirements Under the Fair Labor Standards Act

by Joseph C. Maya on Jun. 21, 2017

Employment Employment  Employee Rights 

Summary: A blog post further explaining requirements under the Fair Labor Standards Act

Contact the experienced employment law attorneys at Maya Murphy, P.C. today at (203) 221-3100 or JMaya@Mayalaw.com

The Fair Labor Standards Act (FLSA), is administered by the Wage and Hour Division of the Department of Labor.  The FLSA establishes standards for minimum wages, overtime pay, recordkeeping, and child labor. These standards affect more than 130 million workers, both full‑time and part‑time, in the private and public sectors. (29 USC §201 et seq.; 29 CFR Parts 510 to 794).

The FLSA requires employers of covered employees who are not otherwise exempt to pay these employees the appropriate minimum wage per hour as prescribed by law ($10.10 in Connecticut).  Employers may pay employees on a piece‑rate basis, as long as they receive at least the equivalent of the required minimum hourly wage rate and overtime for hours worked in excess of forty (40) hours in a workweek. Employers of tipped employees (i.e., those who customarily and regularly receive more than $30 a month in tips), may consider such tips as a portion of their wages for calculation purposes, but employers must pay a set reduced wage per hour if they claim a tip credit.  (https://www.dol.gov/compliance/guide/minwage.htm).

The FLSA further permits the employment of certain individuals at wage rates below the statutory minimum wage, under certificates issued by the Department of Labor, if the employee is a student learner (vocational education student); a full‑time student in a retail or service establishment, agriculture, or institution of higher education; or an individual whose earning or productive capacities for the work to be performed is impaired by physical or mental disabilities, including those related to age or injury.

The FLSA does not contain any prohibition regarding the number of hours in a day, nor the number of days in a week that an employer may require an employee to work, as long as the employee is at least sixteen (16) years old.  Similarly, the FLSA does not limit the number of hours of overtime that may be scheduled for an employee. However, if overtime is scheduled, the FLSA requires employers to pay covered employees not less than one and one‑half times their regular rate of pay for all hours worked in excess of forty (40) in a workweek, unless the employees are otherwise exempt.

If you are an employer and are seeking compliance with the FLSA, contact the experienced employment law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.


Source: dol.gov

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