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The Fair Labor Standards Act (FLSA), first enacted by the United States Congress in 1938, sets standards for the basic minimum wage and overtime pay. The FLSA also sets standards for recordkeeping and for child labor. The FLSA affects most private and public sector employment, including state, local, and federal government.
The FLSA requires employers to pay employees who are not exempt from overtime at least the federal minimum wage. Employers are also required to provide overtime pay of one and a half times the non-exempt employee's regular rate of pay.
In a frequently asked question, the law does not set a standard for overtime pay for weekends or holidays. It simply requires an employer to pay non-exempt employees time and a half for work over 40 hours. Employers who pay, as an example, double time on holidays, are doing this out of goodwill, not legal requirements.
Since laws, especially minimum wage standards, can vary from state to state, you need to be aware of the requirements in your state.
Recent law changes have redefined how some employees are classified as exempt or non-exempt. Check the Department of Labor Web site for the current rules that were established in 2004. Want to stay out of the crossfire from the Department of Labor? Here's how to stay out of the FLSA war.
The Act is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor.
See the Department of Labor Fair Labor Standards (FLSA) site for additional resources and information.
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