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Employer guide to the Fair Labor Standards Act

On Behalf of Hogan & Pritchard, PLLC | Jul 19, 2024 | Employment Law For Employers |

The Fair Labor Standards Act (FLSA) is a piece of federal legislation that sets the standard for many policies in the workplace. Employers in Virginia must comply with the FLSA. 

Understanding key points about the FLSA can help Virginia employers ensure fair treatment for their workers to avoid legal consequences. 

Minimum wage and overtime

The FLSA establishes a federal minimum wage of $7.25 per hour. However, Virginia has enacted its own minimum wage laws, which are currently set at $12.00 per hour as of 2024. 

Non-exempt employees can receive overtime pay at 1.5 times their regular rate for all hours worked over 40 in a work week. 

Recordkeeping and child labor

Employers must maintain accurate records of employees’ wages, hours worked, and other conditions of employment. 

The FLSA sets limitations on the employment of minors to ensure their work does not interfere with their health, well-being, or education. It is important to remember that employers must comply with both federal and state child labor laws. 

Child workers have stricter requirements regarding their ability to work. Generally, the FLSA restricts the hours and types of work that minors under 18 can perform. There can be additional restrictions for those under 16.

Compliance and Enforcement

Virginia employers must understand that the FLSA is enforced by the U.S. Department of Labor’s Wage and Hour Division. Non-compliance can result in significant penalties, including fines and back wages. Regular audits and employee training can help ensure adherence to FLSA regulations.

Employers in Virginia must stay informed about the Fair Labor Standards Act to ensure they meet all legal requirements. Staying vigilant about employment legal issues helps maintain fair treatment for workers and avoids costly penalties.

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