FLSA (Fair Labor Standards Act)

The Fair Labor Standards Act (FLSA) is the 1938 federal law that underpins most everyday wage rules in the United States. If a term on this site mentions minimum wage, overtime, time records, or tip credits, the FLSA is usually the law behind it. It is enforced by the US Department of Labor's Wage and Hour Division.

What the FLSA covers

Minimum wage: a federal floor that states and cities may raise — see minimum wage.
Overtime: time and a half after 40 hours in a workweek for non-exempt employees — see overtime pay.
Record-keeping: accurate records of hours and wages — see timekeeping requirements.
Child labor: limits on hours and occupations for workers under 18.

What it does not cover

Just as important is what the FLSA leaves out: it does not require meal or rest breaks, paid vacation or sick leave, holiday premiums, severance, or advance notice of schedules. Those gaps are filled — unevenly — by state and city law, which is why US employment rules feel so different from place to place. The FLSA also divides the workforce into exempt and non-exempt employees; getting that classification right, based on duties and salary rather than titles, is where most FLSA trouble starts.

Fair Labor Standards Act of 1938, 29 U.S.C. ch. 8 — enforced by the US DOL Wage and Hour Division; regulations at 29 C.F.R. ch. V.

Tommy keeps schedules and worked hours in one accurate record — the foundation the FLSA expects every employer to have.

Related terms

Working out the pay? The free overtime calculator applies the legal rates to your hours in seconds.