The Fair Labor Standards Act (FLSA) is a federal law that provides specific requirements regarding employee pay. It covers things like proper recordkeeping, minimum wage, overtime pay and child labor. This act is enforced by the United States Department of Labor and applies to nonexempt employees across the country.
Many states have stricter laws that apply, but the FLSA applies nationwide. It’s important that all workers understand their rights under FLSA and then learn if any stricter regulations apply.
What is compensable work time?
At its core, the FLSA requires that employees receive at least minimum wage for all hours worked, which includes any time that an employee is required to be at their workplace or on duty. This can extend beyond their scheduled shifts, so employers aren’t allowed to adjust time entries if employees are forced to clock in early or stay late.
Time spent attending training, performing preparatory work, concluding activities, and traveling between job sited during a shift are all compensable. Breaks shorter than 20 minutes are typically considered compensable time.
A standard workweek under the FLSA is 40 hours. Anything worked over that time in a single workweek is considered overtime, which is compensable at 1.5 times the employee’s standard hourly wage.
Any employee who believes their employer didn’t comply with FLSA may opt to take legal action, but these cases can be complex. Working with someone who can assist with determining the options and deciding how to move forward may be beneficial. It’s critical that rights are respected throughout the process.