| The Fair Labor Standards Act has been amended | | | | (Department of Labor). Vocational student |
| numerous times since 1938 when it was first | | | | learners, full time students in service or retail |
| enacted and still provides protection and defines | | | | establishments or working in the field of |
| the law in reference to minimum wages, overtime | | | | agriculture of in institutions of higher learning are |
| pay, child labor and the record keeping required | | | | also exempt from the act and are not protected |
| by all employers doing a volume of not less than | | | | under the minimum wage laws. This is also true of |
| $500,000 annually. There are, of course, | | | | work being performed by the disabled, either |
| exceptions to this rule. Hospitals and institutions | | | | physically or mentally, and even those who are |
| that take care of the sick, aged, disabled and | | | | disabled due to injury or age. |
| mentally ill with inpatient care are covered by this | | | | The following Fact Sheets are the most common |
| act. Schools, including all elementary and | | | | under the FSLA: |
| secondary schools and those catering to the | | | | - #1: The Construction Industry |
| mentally or physically disabled and to the gifted | | | | - #2A: Employing Youth in Restaurants |
| are also covered, as well as local, state and | | | | - #3: Professional Offices |
| federal governmental agencies. The act also | | | | - #4: Security Guard/ Maintenance Service |
| covers domestic service workers if they receive | | | | Industry |
| at least $1700 (this number changes every year) | | | | - #5: Real Estate and Rental Agencies |
| in cash wages from any single employer in a | | | | - #6: The Retail Industry |
| calendar year or if they work more than eight | | | | - #7: State and Local Governments |
| hours in any one week for one or more | | | | - #8: Police and Firefighters |
| employers. Domestic service workers are full-time | | | | - #9: Manufacturing Establishments |
| babysitters, nannies, housekeepers, cooks and | | | | - #10 Wholesale and Warehouse Industries |
| chauffeurs. | | | | - #11: Automobile Dealers |
| There are a number of exemptions to both the | | | | - #12: Agricultural Employers |
| minimum wage requirements and to the overtime | | | | - #16: Deductions from Wages for Uniforms and |
| pay requirements, based on your profession. Your | | | | Other Facilities |
| local Wage and Hour Division office should be able | | | | - #21: Recordkeeping Requirements |
| to tell you if you are eligible for protection under | | | | - #23: Overtime Pay Requirements |
| this act. | | | | - #24: Homeworkers |
| The basic provisions, unless an employee is | | | | - #25: The Home Health Care Industry |
| exempt, is that as of July 24, 2009, the minimum | | | | - #27: New Businesses |
| wage requirement is $7.25 an hour. Youth under | | | | - #28: The Family and Medical Leave Act of 1993 |
| the age of 20 may be paid less during the first 90 | | | | - #31: Nursing Care Facilities |
| consecutive calendar days of employment, which | | | | - #33: Residential Care Facilities (Group Homes) |
| is usually considered a trial or training period, and | | | | - #35: Joint Employment and Independent |
| that amount cannot be less than $4.25 an hour. | | | | Contractors Under the Migrant and Seasonal |
| Employers also cannot just fire an older employee | | | | Agricultural |
| in order to hire a youth at the lower pay rate. | | | | - #39: The Employment of Workers with |
| Questions about this area of the law are available | | | | Disabilities at Special Minimum Wages |
| on the Wage and Hour Division Fact Sheet #32: | | | | - #45: Hotel and Motel Establishments |
| Youth Minimum Wage-FLSA (Fair Labor Standards | | | | - #46: Daycare Centers and Preschools |
| Act). | | | | - #58: Cooking and Baking |
| The laws regarding piece-work or tipped | | | | - #61: Day Laborers |
| employees are pretty complicated and allow for | | | | - #64: Call Centers |
| paying less per hour as long as the remainder is | | | | - #66: The Davis Bacon and Related Acts (DBRA) |
| earned in the way of commissions paid on | | | | - #71: Internship Programs |
| piece-work or in the way of tips. Fact Sheet #15: | | | | As you can see, the FSLA can be complicated, at |
| Tipped Employees, under the FLSA can answer | | | | best, though the Wage and Hour Division (WHD) |
| any questions or concerns you may have as | | | | does a much better job of explaining and teaching |
| either an employer or employee. | | | | than do some governmental agencies. Kudos to |
| Also be aware that certain individuals can be | | | | them for making a hard subject easier to |
| employed at wages below the statutory minimum | | | | understand! |
| wage under certificates issued by the DOL | | | | |