Fair Labor Standards Act (FLSA)

As an employee, it is important to be knowledgeable about your worker’s rights under the Fair Labor Standards Act. Here is everything you need to know about the FLSA.

Understanding the Fair Labor Standards Act

The Fair Labor Standards Act is a federal law that establishes overtime pay eligibility, minimum wage, child employment standards and recordkeeping for full-time and part-time employees working in the private sector and in federal, state and local governments.


Why Should You Hire Attorneys for Fair Labor Standards Act Claims?

If you are an employee facing FLSA issues, an employment law attorney can help determine if you are entitled to overtime pay or a minimum wage. They can also assist you with a claim if you did not receive the minimum wage or overtime pay for hours worked in excess over 40 in a single work week.

If you are an employer, a labor attorney can assist you in ensuring that you are in compliance with state and federal employment laws.

Common FAQs about the Fair Labor Standards Act

The Fair Labor Standards Act will apply to you if you hold a position covered under the mandatory overtime provisions of the FLSA. Overtime-eligible employees must receive overtime pay or compensatory time for all hours over 40 in a single workweek. To comply with FLSA standard, these employees have to fill out a Time and Attendance Record.

The Human Resource Office of each agency uses the overtime based upon criteria established by the US Department of Labor (Work Period Designation-WPD) to decide the eligibility status for all positions. Employers who wish to review a position’s work and designation period may submit their request to State HR Classification and Compensation. When changing the work designation period from overtime eligible to overtime exempt or law enforcement, employers need to request approval from the Director of the Office of the State Human Resources (OSHR).

The federal minimum wage for covered nonexempt employees is $7.25 per hour. However, many states have their own minimum wage laws. In an event where an employee is subject to both federal and state minimum wage laws, they are entitled to the higher minimum wage.

Employees must receive overtime pay at the rate of one and one half-times their regular rate for all hours worked in excess of 40 during a single work week (WAC 357-28-260). There are no limits on the number of hours employees 16 years or older can work in a single work week. Under the FLSA, overtime pay is not required for work on weekends, holidays or regular days of rest unless overtime is worked on such days.

All employers are required to display an official poster outlining the requirements of the FLSA. It is also mandatory for employers to keep accurate and truthful records of employee wages, hours worked and other important information.

Choose Carcich O'Shea, LLC for Experienced Employment Law Attorneys

We at Carcich O’Shea, LLC are dedicated to giving people like you a voice in the legal system. We represent people who have suffered job discrimination, labor law violations, unpaid wages, and overtime, and other types of mistreatment in the workplace. Our highly experienced and qualified attorneys will do our best to make sure that you are protected.

If you have more questions about our legal expertise in the Fair Labor Standards Act (FLSA), feel free to contact us today. Alternatively, you may call us at 201-988-1308 or send an email to carcichoshea@gmail.com.